ABSTRACT
The facilitation of illegal immigration implies an agreement between the illegal migrant and the one facilitating the illegal entry into the State for a payment generally consisting of a large sum of money: this entry concludes the “contractual” relationship between the illegal immigrant and the facilitator. As for the legal nature of the facilitation of illegal immigration, the offense falls into the category of delitti di attentato and, specifically, that of the case of strict liability for whose perpetration is sufficient the requirement of unambiguousness. With the reform implemented by law No. 94/2009, the legislator once again changed the crime of facilitation of illegal immigration, by introducing a specific reference to the conduct of promotion, management, organization, financing for the transport of illegal migrants. In particular, a question arose about the responsibility of rescuers at sea as accomplices in the crimes of facilitation of illegal immigration and the prevalence of the Italian jurisdiction.
