The Residence Permit for Reasons of Justice

The Permit to Stay for reasons of justice is issued upon the express request of the Judicial Authority, in the event that the presence of the foreign national in Italy is essential for ongoing criminal proceedings in accordance with art. 390 of the Code of Criminal Procedure or art. 2 of Presidential Decree 394/99.

It is issued in order to allow the foreign citizen to exercise his right of defense, to participate in a trial in which he is the offended or accused party.

Documents Required for the Issue

The documents to be presented for the issue of the residency permit are:

– Tax stamp.

– Three passport photos.

– Original and copy of the passport.

– Original and copy of the residency permit or its loss report.

– Order of the judicial authority requesting the issue or renewal of the residency permit.

– Availability of accommodation, which can be demonstrated by the host’s declaration of hospitality or by a copy of the valid rental contract registered with the Revenue Agency.

Requirements and Characteristics

The residency permit for reasons of justice is issued for a maximum period of three months and may be extended once.

A foreign citizen who is abroad may request, even if he has been administratively expelled as stipulated by Legislative Decree 286/98, authorization to re-enter the national territory, subject to the time limit of the trial and the granting of the green light ordered by the Questor of the place where the trial is held.

This type of residence permit is never convertible: the Italian legal system does not have a general principle of convertibility within it; therefore, it is inferred that this convertibility is an exception to the rule and is considered only in the cases strictly provided for by law.

In conclusion, we can analyze how this Permit to Stay should be issued categorically in the function of the foreign citizen’s right to defense: in practice, however, it is an instrument that is little used in the Italian judicial system, which consequently arrives at the definition of the conviction without the foreign defendant being able to avail himself of an appropriate defense.