Finally, state courts began activating a legal amendment, approved by Federal Decree No. 4 of 2019, which stipulates that a foreigner may not be sentenced to deportation, if he is a spouse or a relative of first-degree proportions to a citizen.
Finally, the Federal Supreme Court overturned a ruling issued by the Appeal Court, which eliminated a defendant in a drug case for deportation, as it confirmed in the rationale that, based on Article 2 of Decree Law No. 4 of 2019 amending some provisions of Federal Penal Code No. 3 of 1987 that it is added to the law Federal No. 3 of 1987 promulgating the Penal Code, a third paragraph of Article 121 stating “and excluding from the text of the previous two paragraphs, and from any text contained in any other law, a foreigner may not be sentenced to deportation if he is a spouse or a relative of the first degree to a citizen, and that unless The verdict is issued in respect of one of the crimes committed by N State ».
The court indicated that it is established from the documents submitted by the accused that his mother holds the nationality of the state, and that his wife also holds the nationality of the state, and therefore the provisions of the aforementioned law apply to him, concluding that the appeal judgment that had spent the deportation of the accused violated the law, which must be vetoed Partially in this notch.
Lawyers considered that the amendment approved by the decree is a true translation of the government's strategy, which seeks to preserve the unity of the family, as the basis of human societies, and the basis for the social life in which it grows and the values of respect, cohesion and solidarity among its members are common.
They affirmed that the amendment represents a wall to protect immigrants who are married to female citizens, or who are related to citizens through a first-degree kinship relationship, in case they are convicted of crimes in which deportation is mandatory.
Courts witnessed earlier some cases in which individuals who were spouses or relatives of the first degree to citizens were expelled, but with the amendment of the Penal Code, the penalty will be applied to them without deportation.