Enter Schengen with Criminal charges

Nov 29, 2019

According to the Schengen regulations entry is not permitted to “those who are considered a threat to public policy, internal security, public health or the international relations of any of the Member State”. Also, entry is not permittted to “persons for whom an alert has been issued in the Schengen Information System for the purposes of refusing entry”

Travelers are not subject to criminal conviction checks at border and minor criminal offenses should not prevent entry into the Schengen Area, however each county has its own policies which may be stricter or more relaxed. Generally speaking, European countries are not so concerned with minor offenses committed outside the EU borders.

As far as Italy is concerned, to enter the country, foreign nationals must NOT:

• be listed in the Schengen Information System as an inadmissible person;
• be subject to expulsion measures
• be considered a threat to public order, national security and international relations, as well as a threat to public order or national security of other Schengen countries
• Art. 4 of Decree 286/98 (Italy Immigration Law) defines more specifically that the entry can be denied to individuals who have been convicted, whether or not the sentence is definitive, for the crimes providing for arrest in flagrancy (such as homicide, robbery, riot, harm against public officers, etc. as per art. 380, c.1 and 2, of Italian Criminal Code) or for the crimes relating to:
  • Trafficking of dangerous substances
  • Narcotics trafficking;
  • Sex offences and abuses;
  • Aiding and abetting of illegal immigrants in Italy and of illegal emigrants from Italy against other states;
  • Prostitution exploitation;
  • Employment of minors in illicit activities.

• be convicted, by final judgement, of a copyright related offence (Law on copyright and Art. 473 and 474 of the Italian Criminal Code)

What will change with ETIAS?

Starting in 2021 the EU Travel Information and Authorisation System (ETIAS) will become a requirement for visa waiver nationals. Applicants will be required to answer some security questions regarding criminal activity and applications will be processed against existing EU databases (Eurodac, SIS and VIS etc.), future systems and relevant Interpol databases.

More information on ETIAS can be found here: https://www.mazzeschi.it/etias-your-european-travel-authorisation/

Giuditta Petreni

Giuditta Petreni has over 10 years of experience in assisting companies and business investors with relocation of managers and staff to Italy. Giuditta has extensive experience advising corporate and private clients on a full range of Italian immigration categories. She is fluent in Italian and English.

Related posts:

Can I re-enter Schengen if I am listed in SIS (Schengen Information System)? Security checks on non-EU citizens entering the Schengen Area Schengen Handbook – Practical Guidelines for Border Guards How can I count my 90 days in the Schengen area?