The criminal expulsion of foreigners: a legal paradox between Administrative sanctioning Law and Criminal Law.

Abstract

The article analyses the criminal expulsion of foreigners, highlighting it as a problematic legal concept, especially regarding its legal nature. Originally conceived as an administrative measure, its incorporation into the criminal sphere has generated tensions by contravening fundamental principles of criminal law. Its instrumentalisation for migration policy and border control purposes is also questioned, which has given rise to an unequal regime that reinforces negative stereotypes about immigration and foreigners. In this context, the need to eliminate this figure from the Criminal Code is raised, considering its lack of solid justification and its impact on the human rights of migrants.