People smuggling in Hungary
Hungarian Criminal Code 353. § (1) Any person who assists another person to cross a state border in violation of the provisions of the law shall be punished for the offence by imprisonment for a term of one to five years.
(2) The penalty shall be imprisonment for a term of two to eight years if the people smuggling is done
a) for financial gain,
b) by assisting more than one person in crossing a state border, or
c) by destroying or damaging facilities or equipment used for the protection of the law and order of the state border.
(3) The penalty shall be imprisonment for a term of five to ten years if the people smuggling is done
a) with the oppression of the smuggled person,
b) by armed force,
d) on a business basis, or
e) in conspiracy
(4) The penalty shall be imprisonment for a term of five to fifteen years in the following cases
a) people smuggling within the meaning of paragraph (3) point a) in the manner set out in points b) to e)
b) people smuggling within the meaning of paragraph (3) point b) in the manner set out in points a) or c) to e)
(5) The organizer or perpetrator of an offense specified in paragraph (3) or (4) shall be punished with imprisonment for a term ranging from ten years to twenty years.
(6) Whoever commits preparation for human smuggling shall be punished with imprisonment for a term up to three years.
In order to commit people smuggling the successful border crossing is not necessary. Thus, people smuggling committed even if, after assisting by the perpetrator, the smuggled person cannot even attempt to cross the border (for example, he or she is apprehended by the police at the border line inland).
According to the judicial practice in Hungary, assistance in crossing the state border by another person in breach of the provisions of the law may not only be provided by the actual crossing of the state border, but also by all forms of active involvement in the connected events and acts.
Assistance is the actual and relevant facilitation of the successful crossing of the border, which may be of a physical (e.g. transport to the border, escort across the border) or psychological (e.g. advice on the best place to cross the border, signposting) nature.
If you, a relative or a friend is suspected of having committed a crime of people smuggling in Hungary, contact Kecser Law Firm for effective defense and professional assistance.
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