A/HRC/42/44/Add.2
to collaborate with the investigative bodies. Article 18 of the TUI consists precisely in
allowing the protection of victims of trafficking that is not an instrument of prosecution.
Article 22, paragraph 12-quater, of the TUI
13.
As known, Legislative Decree No.109/2012 translated EU Directive 2009/52 into the
current domestic immigration normative framework. This amended Articles 22 and 24 of
Legislative Decree No. 286/1998, besides envisaging a transitional provision aimed at the
emergence of irregular employment relationships.
14.
With regard to the amendments made by the legislator to Article 22, it is to be
highlighted the insertion, after paragraph 12, of paragraphs 12-bis, 12-ter, 12-quater and 12quinques. While paragraph 12 of the same article 22 already provided for the specific type of
crime in the event of the mere employment by an employer of a foreigner without a residence
permit, the legislator with paragraph 12-bis has intended to introduce aggravating
circumstances in cases of irregular employment accompanied by specific labor exploitation,
attributable to the cases referred to in article 603-bis of the penal code, third paragraph.
15.
In this context, paragraphs 12-quater and 12-quinques of the aforementioned Article
22 of the TUI are of relevance. They envisaged the possibility of issuing a specific residence
permit for humanitarian purposes, to be granted by the Quaestor to the foreigner concerned,
who: 1) had reported his/her employer; 2) and would cooperate in the criminal proceedings
against his/her employer.
16.
In light of the above provisions, the Police Headquarters (Questure), upon proposal or
with the favorable opinion of the Public Prosecutor, oversaw the release of the prescribed
residence permit with semiannual validity, renewable upon expiry, until the definition of the
criminal proceedings.
17.
As already mentioned, on 3 December 2018, Act No.132 2018 (in force since 4
December 2018), establishing the conversion into law with amendments of Law Decree No.
113/2018 (in force since 5 October 2018) was published in Official Journal No. 281.
18.
On a more specific note, the new provisions have impacted on the following articles
of Legislative Decree No. 286/1998 (TUI): Article 19, paragraph 2, letter d-bis) of the
Unified Text on Immigration, introduces the new residence permit for medical treatment;
Article 20-bis of the TUI provides for the new residence permit for natural disaster; Article
42-bis of the TUI provides for a residence permit for acts of particular civic value.
19.
At the same time, some types of residence permits that made direct reference to
humanitarian reasons have taken the name of residence permits for special cases under TUI.
We refer, in particular, to the previously mentioned residence permit referred to in Article 18
(residence permit for social protection purposes); the one in Article 18-bis (residence permit
for victims of domestic violence); and the one in Article 22, paragraph 12-quater (residence
permit for particular labor exploitation).
20.
The above residence permits, with the latest normative amendments, have changed
only the name and result in institutes to protect the foreigner victim of violence or
exploitation. Of these permits, the characteristics referred to in Article 22 of the TUI,
concerning the residence permit for serious labor exploitation are detailed below.
21.
This residence permit can still be issued in cases of serious labor exploitation by the
Quaestor, upon proposal or with the favorable opinion of the public prosecutor, for the
foreigner who has filed a complaint and cooperates in the criminal proceedings initiated
against the employer. This residence permit can be issued for a period of six months and can
be renewed for one year or for the longer period required for the definition of the criminal
proceedings. The residence permit is revoked in the event of conduct incompatible with its
purposes, when reported by the public prosecutor or ascertained by the Quaestor, or if the
conditions that justified its release cease to exist. The term "special cases" entitles to work
and can be converted, on expiry, into a residence permit for paid employment or selfemployment.
22.
Against this background, mention has to be made also of the Inter-ministerial Decree
dated 10 February 2017, aimed at determining the methods and terms to guarantee the foreign
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