| INTERNATIONAL STANDARD | NATIONAL LEGISLATION | IS THE STANDARD MET? |
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| INTERNATIONAL STANDARD | NATIONAL LEGISLATION | IS THE STANDARD MET? |
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Definition
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| INTERNATIONAL STANDARD | NATIONAL LEGISLATION | IS THE STANDARD MET? |
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| “Smuggling of migrants” shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident. | Click here to view Law No. (6) of 1987 organising the entry and residence of foreigners, Article 19 bis |
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Criminalisation
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Yes
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| INTERNATIONAL STANDARD | NATIONAL LEGISLATION | IS THE STANDARD MET? |
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| Migrants should not become liable to criminal prosecution for the fact of being smuggled. | Click here to view Law No. (19) of 2010 on combatting illegal immigration, Articles 2 and 6 Click here to view Law No. (6) of 1987 organising the entry and residence of foreigners, Article 19 bis |
No |
| The following behaviours should be established as criminal offences through legislation when committed internationally and in order to obtain, directly or indirectly, a financial or other material benefit: | Same as above. | Yes |
| 1. The smuggling of migrants | Same as above. | Yes |
| 2. When committed for the purpose of enabling the smuggling of migrants | Same as above. | Yes |
| 3. Producing a fraudulent travel or identity document | Same as above. | Yes |
| 4. Procuring, providing or possessing such a document | Same as above. | Yes |
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Penalties
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