Smuggling crime

from Wikipedia, the free encyclopedia

According to the definition of the “Smuggling Crime” project group of the Criminal Police Working Group (AG Kripo) at the Federal Criminal Police Office, human smuggling includes all crimes related to the illegal entry and smuggling of foreigners into Germany, such as document offenses, fraudulent activities through the surrender of identity papers and the illegal stay of foreigners . It also includes obtaining residence permits by fraud, human trafficking in connection with the smuggling of foreigners through escape workers or smugglers, and forms of illegal employment of irregular migrants.

The concept of the smuggling of foreigners goes back to the so-called assisted unauthorized entry and can be found in the EU Action Plan against the smuggling of migrants (2015–2020).

Differentiation from human smuggling

Smuggling crime is only realized if there is a direct involvement in the illegal entry and the illegal stay or the smuggling of foreigners within the meaning of § 96 , § 97 of the Residence Act (AufenthG). The term human smuggling is therefore narrower than that of human smuggling. The smuggling crime can be used synonymously with the term people smuggling often encountered in the media , which is derived from the term smuggling used in English for the smuggling of foreigners . In this respect, human smuggling can be subordinated to the generic term of human smuggling.

The requirements for the creation of corresponding criminal offenses according to Article 1 of the European Directive defining the facilitation of unauthorized entry, transit and residence , the Republic of Austria under the name of smuggling in Fremdenpolizeigesetz implemented (§ 114 FPG).

Smuggling crime

Legal history

The unauthorized entry on which the smuggling of foreigners is based was standardized in Germany for the first time in 1952 in the Passport Act and then in 1965 in the Aliens Act as a criminal offense under secondary criminal law. It was not until the Aliens Act of 1990 that this basic offense was differentiated into unauthorized entry, unauthorized residence and the smuggling of foreigners (Sections 92 ff.). Thereafter, in view of the migration pressure on Germany and the associated asylum debate in the early 1990s , the facts were intensified several times. In 1994, for the first time, Section 92a of the Aliens Act introduced an independent crime for the smuggling of foreigners in a commercial or gang way. The last time the facts were adapted to the EU Directive 2002/90 / EC with the new Residence Act of 2005, which replaced the Aliens Act of 1990.

human trafficking

First of all, human trafficking must be distinguished from the smuggling of foreigners, both in terms of criminal law and in terms of criminology. The smuggling of foreigners is the assisted illegal entry , while human trafficking, on the other hand, according to international understanding means the exploitation of illegally entered people in the destination country. In terms of the legal system, this is reflected in Germany in the fact that human trafficking is sanctioned in Sections 232, 233 of the Criminal Code as part of general criminal law, while the core offenses of smuggling crime, the smuggling of foreigners, are listed in Sections 96, 97 of the Residence Act as Find ancillary criminal law standardized. However, because of these smuggling activities, which often preceded it, human trafficking is of great relevance in the phenomenological context of people smuggling.

Smuggling in foreigners

The basic offense of unauthorized entry and unauthorized residence is punishable in Germany according to Section 95 (1), No. 1–3 of the Residence Act . In § 95 Residence Act also violations of re-entry barriers (para. 2, no. 1) and the fraudulent acquisition of residence permits (para. 2, no. 2) find regulated.

The smuggling of foreigners is a criminal offense in Sections 96 and 97 of the Residence Act. In order to receive or promise a benefit, a person usually has to encourage or support a foreigner to enter Germany without permission, to stay there or to obtain a residence permit by fraud. Qualification offenses represent the smuggling in a gang or professional manner, the commission of a crime while carrying a weapon as well as the acceptance of a life or serious health risk to the people smuggled. Section 97 of the Residence Act is a criminal offense involving smuggling in with death as well as gang and commercial smuggling Infiltration includes.

Other facts

Further relevance for smuggling criminality in ancillary criminal law is also the induction of abusive applications for asylum in accordance with Section 84 of the Asylum Act as well as the induction of gang and commercial inducements to make abusive applications for asylum in accordance with Section 84a AsylG.

In general criminal law, in particular falsification offenses according to § 267 ff. Criminal Code and the offense of human trafficking according to §§ 232, 233 Criminal Code are phenomenologically related to smuggling.

literature

  • Jürgen Kepura, Frank Niechziol, Markus Pfau: Smuggling crime - basics of phenomenology, etiology and police intervention. Frankfurt: Verlag für Polizeiwissenschaft, 2015. ISBN 978-3-86676-386-9
  • Markus Pfau: Police intervention strategies against people smuggling - phenomenological development tendencies and the resulting criminal strategy challenges for the federal police force. In: Thomas Feltes, Thomas Fischer (Ed.): Polieren, Polizei, Wissenschaft und Gesellschaft. Volume 5. Police training and action - empirical studies and results, 2013. ISBN 978-3-86676-206-0
  • Markus Pfau: Smuggling Crime - An Analysis of Phenomenon and Police Intervention Strategies. Marburg: tectum-Wissenschaftsverlag, 2012. ISBN 978-3-8288-3009-7
  • Fabrizio Gatti: Bilal - As an illegal on the way to Europe. Munich: Verlag Antje Kunstmann, 2009. ISBN 978-3-4996-2722-4
  • Jörg Alt: Living in the shadowy world - problem complex “illegal” migration - summary of results. New insights into the living situation of illegal migrants from Munich and other places in Germany. Karlsruhe: Loeper, 2003. ISBN 978-3-8605-9499-5
  • Phillip L. Martin, Jonas Widgren: International migration: Facing the challenge. Washington: Population Reference Bureau, 2002.
  • Eric Minthe: Illegal Migration and Smuggling Crime. Wiesbaden: Criminological Central Office, 2002. ISBN 978-3-9263-7156-0
  • Karl Husa, Christof Parnreiter, Irene Stacher (eds.): International Migration: Global Challenge of the 21st Century. Vienna: Südwind, 2000. ISBN 978-3-8609-9195-4

Web links

Individual evidence

  1. ↑ Smuggling of the Federal Ministry of the Interior, Lexicon, accessed on July 2, 2020.
  2. ^ German Federal Armed Forces Association : Briefly explained: Smugglers' crime November 2, 2015.
  3. ↑ EU Action Plan against the Smuggling of Migrants (2015-2020) Brussels, May 27, 2015.
  4. ↑ Directive 2002/90 / EG (PDF)