Citizenship fraud: Italian Supreme Court sentences Brazilian to 4 years in prison.

The Italian Court of Cassation upheld the conviction of a Brazilian man to 4 years and 6 months in prison for participating in a scheme to fraudulently obtain Italian citizenship. The sentence was imposed for falsifying documents in a public act, based on false residency records used to initiate the process. jure sanguinis in the municipality of Brusciano, in province of Naples.

The decision, issued by the Court of Cassation, an instance equivalent to the Superior Court of Justice (STJ) in Brazil, also annulled part of the Naples Court of Appeal's sentence, specifically regarding the accusation of criminal association against the Italian LB.

The trial revealed the activities of an illegal network between 2014 and 2017. Brazilian national VLS, residing in Terni and owner of an immigration agency, was identified as responsible for recruiting individuals interested in Italian citizenship. According to the court ruling... obtained by ItalianismHe directed applicants to the municipality of Brusciano, where they were falsely registered as local residents.

The decision was handed down by the Fifth Criminal Section of the Court of Cassation. It is sentence no. 882/2026, presided over by Luca Pistorelli and reported by council member Elisabetta Maria Morosini.

Irregular practices

The investigations, based on wiretaps, document seizures, and testimonies, pointed to the operation of a network between 2014 and 2017. The fraud consisted of the illegal registration of foreigners who did not actually reside in the municipality of Brusciano.

According to the Court of Cassation, this practice "allowed the initiation of processes for the recognition of Italian citizenship iure sanguinis in the municipality of Brusciano, even in the absence of the documentation required by law to demonstrate direct descent from an Italian citizen."

The ruling states: "The registration of foreign citizens who have never resided in the municipality constitutes falsification of documents in a public act."

The court rejected the "declaration of attendance" argument.

VLS's defense argued that a simple "declaration of presence" would suffice to validate the registration, without the need for habitual residence. The Court refuted this argument and clarified:

"The declaration of presence legitimizes the foreigner's stay... but registration requires the foreigner to establish their 'habitual residence' in the municipality."

According to the decision, "the place of residence determines the municipality responsible for conducting and concluding the process."

Criminal association: absence of stable intent

LB's appeal was partially upheld. The Court overturned his conviction for criminal association, finding that the so-called "criminal association" had not been proven. affection societyThat is, the stable and conscious intention to join a criminal group.

The ruling explains: "Simple conscious cooperation in illegal acts is not enough to constitute a criminal association." It adds: "It is necessary to demonstrate that the accused shared, in a stable manner, the aims and methods of the organization."

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In LB's case, the Court considered the reasoning of the previous instance insufficient, stating that the decision was limited to mentioning that he "cooperated knowingly in the illicit conduct," without delving into an analysis of his personal and continuous adherence to the organization.

Recognition of citizenship requires a real connection.

The Court reaffirmed that recognition of Italian citizenship by descent requires a territorial link when the process is carried out in Italian territory.

The ruling highlights: "The cases were based on false declarations of residency, allowing for the recognition of citizenship even without actual presence in the territory."

According to the judges, the right to citizenship by descent (jure sanguinis) exists, but obtaining it in Italy requires the applicant to be effectively present in the country. The use of false records to justify this territorial link constitutes a crime.

Italian national LB will face a new trial, limited to the charge of criminal association and sentencing. VLS had his appeal completely rejected and must serve the imposed sentence of 4 years and 6 months imprisonment, in addition to paying court costs.