End of custody for illegally staying foreigners

The former employee of mayor insisted be reinstated after a long sick but had received an "end of inadmissibility" and "bullying".

It is no longer possible to place in a foreign custody only because he is undocumented: Tuesday, June 5, the Supreme Court put an end to the vagueness surrounding the law so far. The France detains indeed undocumented since 1938, and the law provides for a year in prison and 3,750 euro fine for illegal residents.

But the Court of Justice of the European Union (CJEU), enter the case of an Algerian illegally entered Italy, was estimated on 28 April 2011, under the "Return Directive" European, he was not can detain him for the sole reason that he was residing, even in violation of an order to leave the territory. This is the stop-El Dridi, which caused a series of released undocumented.

The case was complicated with a new judgment of the Court of Justice, December 6, 2011, applied to France but if the Byzantine Cimade, an association of support to foreigners, was pleased that the government was " again disavowed by the European Court of Justice "while the Ministers of Interior and Justice at the time had" taken note with satisfaction of the judgment. "

The Supreme Court ruled: in custody, since the law of 14 April 2011, can not be decided "that if there is reasonable suspicion" that the suspect has committed an offense "punied'emprisonnement". However, the European Directive of 16 December 2008, "as interpreted by the Court of Justice of the European Union", imposes a foreign indicted for an offense to stay "not liable to imprisonment" "It may not be placed in custody in connection with a procedure carried out in this one head."

Civil Chamber of the Court, who had sought the opinion of the Criminal Division, is not required to follow, but it should now logically apply this reasoning to the cassation that have been submitted.

Nearly 500 people were sentenced in France every year to illegal residence, including 200 farm prison.

Notice Criminal Chamber



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