Btk. 353. § (1) Any person who assists another person to cross a state border in violation of the provisions of the law, for the offence of one to five years shall be punishable by a maximum term of imprisonment.
(2) The penalty two years to eight years imprisonment, if the smuggling of human beings
- a) for pecuniary gain,
- b) assisting more than one person to cross a state border, or
- (c) by destroying or damaging a facility or means for the protection of the law and order of the State border
are committed.
(3) The penalty five to ten years Imprisonment for a maximum of, if smuggling of human beings
- a) by harassing the smuggled person,
- b) armed,
- c) armed,
- d) in the course of trade or
- e) in a criminal conspiracy
are committed.
(4) The penalty five to fifteen years Imprisonment for a maximum of, ha
- (a) smuggling of human beings within the meaning of paragraph (3)(a), as defined in points (b) to (e)
- (b) smuggling of human beings within the meaning of paragraph (3)(b), as defined in points (a) or (c) to (e)
are committed.
(5) The organiser or mastermind of an offence referred to in paragraph (3) or (4) imprisonment for a term of between ten and twenty yearsbe punished by.
(6) Any person who commits a preparation to smuggle human beings, imprisonment for up to three yearsbe punished by.
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To commit smuggling of human beings it is not necessary for the illegal border crossing to be successful. So, even if the smuggled person is unable to attempt to cross the border after the offender has provided assistance (for example, if he or she is apprehended by the police at the border in the country), this still constitutes smuggling.
According to judicial practice, the crossing of the state border by another person in violation of the legal provisions assistance can be provided not only through the actual crossing of a state border, but also through participation in the events leading up to it.
A assistance to promote successful border crossing (e.g. transport to the border, border crossing escort, advice on the best place to cross the border) reports in these cases.
If you, a relative or a friend is suspected of having committed the crime of people smuggling, contact Kecser Law Office for effective defence and professional help.
