Migrante soccorso in mare: indiziato di reato o testimone?

Translated title of the contribution: [Autom. eng. transl.] Migrant rescued at sea: suspect or witness?

Research output: Contribution to journalArticlepeer-review

Abstract

The paper analyzes the controversial issue of the role in which migrants rescued at sea must be heard in the proceedings for the crime of aiding illegal entry: as witnesses or as suspects of a related crime, the latter represented by the illegal entry contravention ex art. 10-bis l. n. 941/2009. Considering that the arrival of the foreigner in Italian territory (land surface or coastal sea) without a regular document inevitably integrates the details of the aforementioned crime, the opening of a criminal proceeding appears to be a duty, with the consequence that the migrant must be questioned as a defendant in related proceedings. The opposite solution of hearing the migrant as a witness is detrimental to the right of defense, as well as to the principle that the rules of criminal procedure must be laid down by law.
Translated title of the contribution[Autom. eng. transl.] Migrant rescued at sea: suspect or witness?
Original languageItalian
Pages (from-to)56-77
Number of pages22
JournalJUS
Publication statusPublished - 2021

Keywords

  • Migrante
  • Testimone
  • Reato di immigrazione clandestina
  • Principio di legalità
  • Imputato in procedimento connesso

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