Interior Ministry
DEPARTMENT 'FREEDOMS and Immigration
Prot No 780/A7 DEPARTMENT 'FREEDOMS and Immigration
Rome, 27 November 2009
CIRCULAR No 12/09
They Locations For Your Excellency Mr. Al
Government Commissioner for the Province of Trento
Mr. Al Government Commissioner for the Province of Bolzano
At Mr. President of the Regional Government of Valle d'Aosta Aosta
and PC: The Department of Public Safety at
Subject: Health care for foreigners not enrolled in the National Health Service. Ban on reporting of foreigners who do not comply with the rules of living. Subsistence.
E ' department was asked to provide clarification on the current ban on reporting of the foreign authority in accordance with the rules on residence seeking assistance at the facilities of the NHS, following the entry into force of the law on July 15 2009, No. 94, which introduced a number of changes to immigration rules.
The ban on reporting is provided for in paragraph 5 of Article 35 of Legislative Decree 25 July 1998, No 286. This provision was not repealed nor amended by Act July 15, 2009, No 94; thus possible to keep full validity.
consequences continue to be applied to the doctors and staff working in healthcare facilities, the prohibition to report to the authorities of illegal aliens in the territory of the State requesting access to health care, unless expressly provided for in paragraph 5, of ' Article 35 cited above., where the staff is obliged to the same report, under Article 365 of the Penal Code, on an equal footing with Italian citizens.
The obligation to report, as is known, is governed by Article 365 of the Criminal Code and occurs in case of crimes for which they must carry out an official. This requirement, in particular, there for the crime of illegal entry and residence within the state, introduced by Article 1, paragraph 16 of Law No 94,., Given the nature of the breach and not a crime. Moreover, Article 2 of that Article 365 expressly excludes the obligation to report when the report itself would expose the medium to criminal prosecution.
Finally, it should clarify, in light of the changes introduced in Article 1, paragraph 22, letter g) of Act No. 94 cited above, concerning the presentation of the documents relating to the living room to access the performance of public administration, which is not required to show these documents to the benefits under Article. 35 cit, as expressly provided for in Article 6, paragraph 2, of Legislative Decree No 286/1998, cited above, as amended.
You Please take the appropriate steps under local councils for immigration in order to resolve any doubts as to interpretation on the rules applicable to the matter.
E ' department was asked to provide clarification on the current ban on reporting of the foreign authority in accordance with the rules on residence seeking assistance at the facilities of the NHS, following the entry into force of the law on July 15 2009, No. 94, which introduced a number of changes to immigration rules.
The ban on reporting is provided for in paragraph 5 of Article 35 of Legislative Decree 25 July 1998, No 286. This provision was not repealed nor amended by Act July 15, 2009, No 94; thus possible to keep full validity.
consequences continue to be applied to the doctors and staff working in healthcare facilities, the prohibition to report to the authorities of illegal aliens in the territory of the State requesting access to health care, unless expressly provided for in paragraph 5, of ' Article 35 cited above., where the staff is obliged to the same report, under Article 365 of the Penal Code, on an equal footing with Italian citizens.
The obligation to report, as is known, is governed by Article 365 of the Criminal Code and occurs in case of crimes for which they must carry out an official. This requirement, in particular, there for the crime of illegal entry and residence within the state, introduced by Article 1, paragraph 16 of Law No 94,., Given the nature of the breach and not a crime. Moreover, Article 2 of that Article 365 expressly excludes the obligation to report when the report itself would expose the medium to criminal prosecution.
Finally, it should clarify, in light of the changes introduced in Article 1, paragraph 22, letter g) of Act No. 94 cited above, concerning the presentation of the documents relating to the living room to access the performance of public administration, which is not required to show these documents to the benefits under Article. 35 cit, as expressly provided for in Article 6, paragraph 2, of Legislative Decree No 286/1998, cited above, as amended.
You Please take the appropriate steps under local councils for immigration in order to resolve any doubts as to interpretation on the rules applicable to the matter.
THE HEAD
(Morcone)
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