THE CRIME OF ILLEGAL IMMIGRATION IN ITALIAN LEGAL SYSTEM BETWEEN CRIMINAL LAW OF THE ENEMY” AND “MULTICULTURALISM”

Abstract

This article presents the most dramatic problems connected with the crime of illegal immigration introduced by Law n. 94 of 15 July 2009. The work begins with an examination of the most important political reasons related with this sanctionatory worsening. The illegal migrant represents a danger for the integrity of the State simply because he got (or remains) in Italy in violation of Immigration Law.  To tell the truth the crime doesn’t seem to repress a fact but a personal condition and it can be considered a display of “type of author” criminal law. Italian legal system reacted against the illegal immigration emergency creating a crime clearly referable to the “Criminal law of the enemy”. But this can’t be the right answer before the unrestrainable phenomenon of migration. It imposes complex solutions especially because criminal law is now facing the influence of the multiculturalism on its traditional structure. The multicultural crimes and defenses call for a new dogmatic effort which can’t be reduced at closing any opportunity of social integration.

Keywords: Crime of illegal immigration. Criminal law of the “type of the author”. Criminal law of the enemy. Multiculturalism.