55 - 07/98 - Stowaway Fines - Italy

On the 30th March 1998 it was reported that the Genoa Port Police had detained a stowaway in the port area. Subsequent investigations revealed that the stowaway had escaped from a Member's ship.  As a consequence the Master was personally fined as he had not previously placed the Italian Immigration Authorities on notice that there was a stowaway on board.

For the guidance of Members,  this new law was introduced to the Italian Legal System by Law No. 40 dated 6th March 1998. The law states:- If the Master does not report the presence of stowaways to the Italian Immigration Authority, he will be fined. This fine could be from ITL 1,000,000 up to a maximum of ITL 5,000,000. (US$560-US$2800)

Once the fine is levied the Master/Owner can react in two ways. The first is to pay the fine directly to the police within 60 days of the incident and/or notification of the fine. The second is to deposit written pleadings of defence at the relevant police office within 30 days of the incident and/or notification of the fine, to be followed by the filing of a petition in the local law courts. The Club's correspondents will assist with the appointment of a lawyer to defend the Master. 

Source of information :-  Peter Jackson, F6

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