Italian Supreme Court of Cassation (Corte di Cassazione), Criminal Section I, No. 22734/2021, 9 June 2021

The assessment of the requirements for the recognition of a filial link under the kafala excludes the crime of aiding and abetting illegal immigration.

Art. 12, co. 3, of the Legislative Decree. n. 286 of 1998

For the exclusion of the crime of aiding and abetting illegal immigration pursuant to art. 12, paragraph 3, of Legislative Decree no. 286 of 1998, the judge must examine the existence and validity, in the specific case, of the kafala and ascertain the existence of the requirements for the recognition of a filial bond between the minor and the defendant, given that, in the presence of such a bond, the jurisprudence of legitimacy excludes the crime.