Date of entry into force:18 June 1931

Chapter ONE - RESIDENCE OF ALIENS IN THE KINGDOM

Chapter ONE - RESIDENCE OF ALIENS IN THE KINGDOM[1](118)

Article 142

(art. 143 Single Text (ST) 1926). Aliens shall be bound to report, within three days after entering the territory of the State, to the police authority of the place where they are, in order to account for themselves and make a declaration of residence.

Aliens shall incur the same obligation whenever they transfer their residence from one municipality of the State to another.

Aliens in transit who stay in the territory of the State for pleasure for a period not exceeding two months need make only the initial declaration of entry.[2](119)

Article 143

(art. 144 ST 1926). The cases in which aliens may be exempted from the obligation to report in person to the police authority shall be specified in the regulations to give effect to this Act.[3](120)

Article 144

(art. 145 ST 1926). The police authority shall be entitled to invite an alien at any time to produce the identity papers in his or her possession and to account for himself or herself.

If there is reason to doubt an alien's personal identity, his or her identifying particulars may be recorded.

Article 145

(art. 146 ST 1926). Any person who, for any reason, takes an alien into his or her employ shall be bound to notify the police authority of the particulars thereof within five days after the date of engagement, specifying the service to which the alien is assigned. He or she shall also notify the aforementioned authority, within 24 hours, of the ending of the employment relationship, the departure of the alien and the place for which the alien was headed.

Where the employer is a corporation, the obligation to notify shall rest on the person who represents it; or, in the case of provinces or municipalities, the obligation shall also rest on the secretary or the person acting for him.[4](120/a)

Article 146

(art. 147 ST 1926). Compliance with the provisions of the preceding article shall not exempt individual aliens from the obligation to report and to make the declaration referred to in article 142.

Article 147

(art. 148 ST 1926). Any person who, for any reason whatsoever, surrenders to aliens the ownership or enjoyment of immovable property, rural or urban, situated in the territory of the State shall be bound to give the local police authority notice thereof in writing within a time-limit of 10 days, stating the exact particulars of the aliens and summarizing the contents of the conveyances.

Article 148

(art. 149 ST 1926). Save as prescribed in the military laws, the Prefect may forbid aliens to reside in municipalities or localities which are in any way concerned with the military defence of the State.

The aliens shall be informed of such a prohibition through the local police authority and by means of public notices.

Any alien who contravenes such a prohibition may be removed by the police.[5](119)

Article 149

(art. 150 ST 1926). The provisions of this part shall not apply to members of the Sacred College or of the diplomatic or consular corps.

Chapter TWO - ALIENS TO BE EXPELLED OR RETURNED (REFOULES) FROM THE KINGDOM

Chapter TWO - ALIENS TO BE EXPELLED OR RETURNED (REFOULES) FROM THE KINGDOM[6](121)

Article 150

(art. 151 ST 1926). Save as prescribed by the Criminal Code, aliens sentenced for a serious offence (delitto) may be expelled from the Kingdom and escorted to the frontier.[7](122)

The Minister of the Interior may, on grounds of public order, direct that an alien in transit or resident in the territory of the State shall be expelled and escorted to the frontier.

The preceding provisions shall not apply to Italians not born in the Kingdom.

Aliens accused of contravening the provisions of the preceding part may likewise be expelled.

Expulsion on grounds of public order as provided for in the first [sic] paragraph of this article shall be imposed by decree of the Minister of the Interior in agreement with the Minister for Foreign Affairs and with the assent of the Head of the Government.[8](123)

Article 151

(art. 2 ST 1926). An alien expelled pursuant to the preceding article may not re-enter the territory of the State without a special permit from the Minister of the Interior.

Any person contravening this provision shall be liable to short-term imprisonment (arresto) for not less than two and not more than six months.

When sentence has been served, the alien shall again be expelled.

Article 152

(art. 153 ST 1926). The Prefects of the frontier provinces may, on grounds of public order, remove the aliens referred to in article 150 from frontier municipalities by compulsory travel order in case of emergency, reporting thereon to the Minister, and return (refouler) from the frontier any alien who cannot account for himself or herself or is without means.

On the same grounds, the Prefects shall be entitled to direct to the frontier, by compulsory travel order, any aliens who are in their respective provinces.

Aliens in possession of a compulsory travel order may not depart from the route spelt out thereon. If they depart therefrom, they shall be taken into custody and be liable to short-term imprisonment for not less than one month and not more than six months.

When sentence has been served, they shall be transported to the frontier.



[1](118) See also articles 261-266 of the Royal Decree of 6 May 19540, No. 635, reproduced in No. lamda/II of this heading, approving the regulations to give effect to the Single Text of the Police Laws reproduced here, and also the Legislative Decree of 11 February 1948, No. 50, reproduced in No. lamda/IV of this heading, prescribing penalties for failure to report aliens or stateless persons. [2](119) See also article 150, fourth paragraph, of this Single Text. [3](120) Such cases are those provided for in articles 263-266 of the RD of 6 May 1940, No. 635, reproduced in No. lamda/II of this heading, approving the regulations to give effect to the Single Text of the Police Laws. [4](120/a) See also article 2 of the Legislative Decree of 11 February 1948, No. 50, reproducedin No. lamda/IV of this heading. [5](119) See also article 150, fourth paragraph, of this Single Text. [6](121) See also articles 267-271 of the RD of 6 May 1940, No. 635, reproduced in No. lamda/II of this heading, approving the regulations to give effect to the Single Text of the Police Laws reproduced here. [7](122) On expulsion of an alien from the State pursuant to the Criminal Code, see articles 235 and 312 of the Criminal Code of 1930. [8](123) Now designated the President of the Council of Ministers pursuant to the sole article of the Royal Legislative Decree (RDL) of 16 May 1944, No. 136, and article 92 of the Constitution of the Italian Republic. With regard to the provisions of the first and fourth paragraphs of this Article, see in particular article 267 of the regulations to give effect to the Single Text reroduced here, approved by RD of 6 May 1940, No. 635, reproduced in No. lamda/II.
Comments:
This is an unofficial translation. Excerpts from the Testo Unico sulle Leggi di Pubblica Sicurezza.
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