32Article 12(3) and (3a) of Legislative Decree No 286/1998 is not directed at third-country nationals who illegally enter Italy and reside there without a residence permit, but at persons who facilitate the unlawful entry and residence of those nationals in the territory of that State. The mere fact that, after their illegal entry, those nationals have become EU citizens because of the accession of their State of origin to the European Union has no bearing on the course of the criminal proceedings brought against those persons who facilitate illegal immigration.
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