Illicit immigration into Italy may not become a criminal offence, Premier Silvio Berlusconi said Tuesday.
Asked about a United Nations warning on government plans, Berlusconi said the announced move to put illegal immigrants in jail still had to be vetted by parliament.
''Parliament is sovereign and will decide according to conscience and in good faith,'' said the premier at a press conference with French President Nicolas Sarkozy.
''Personally I think you can't prosecute someone for being in our country without authorisation...but it could be an aggravating circumstance if he commits a crime''.
Berlusconi was reacting to a statement from UN High Commissioner for Human Rights, Louise Arbour, who stressed that Italy's new law must stand up to international scrutiny.
The Italian premier denied that this was a ''warning'' and said it had been incorrectly reported as a negative judgement.
Earlier, the Italian foreign ministry responded by observing that the criticism was premature given that the proposed law has yet to be presented to parliament, where it must clear both the House and Senate.
Foreign Minister Franco Frattini remarked that it is a criminal offence in several nations including France, Germany, Sweden and the UK to try to enter the country illegally.