The crime of immigrants smuggling and its effects | ||
| Journal of Juridical and Political Science | ||
| Article 1, Volume 0, Issue 1, June 2013, Pages 265-299 | ||
| Authors | ||
| Abbas Farman Hikmat; Abdulrazzaq Talal Jassim | ||
| Abstract | ||
| The crime of immigrant smuggling is defined as; enabling a person to leave illegally the country where he/she lives for political, economical or social reasons or enabling a person to enter illegally to the territory of another country, or enabling him/her to stay there illegally. The crime of immigrant smuggling must have three basic cornerstones; the material, the moral and the place of the crime (the person/persons it targets). As for the material cornerstone; it is achieved with the existence of one of the following demeanors; 1-Arranging the illegal entrance of a person to the territory of the country. 2-Arranging the illegal stay of a person on the territory of the country. 3-Arranging the illegal departure of a person to the territory of another country. 4-Forge a travel document or falsified ID, issuing it, arranging getting it or bearing it. The moral cornerstone is represented by the criminal intention which is based on two factors; knowledge and will. As for the target of the crime; the person must be alive. The crime of immigrant smuggling has many characteristics; it is deliberate, continuous and targeting persons. Despite the common features between this crime and other similar crimes such as salve trading and cheating, yet it is distinguished with special characteristics. As for the penal sequences resulted from the criminal responsibility of immigrant smuggling, it is represented by determining the punishment, it's intensifying & forgiving conditions. There are three types of punishment; the original which represented by jail ,prison or fine .the sequent which follows the indicted with the power of law without the need to mention it in the sentence issued by the court and the complementary which does not follow the indicted if not clearly mentioned in the sentence issued by the court. The intensifying conditions are represented by; committing the crime by organized groups, having multiple criminals, bearing arms, committing the crime repeatedly, using others' names and features as covers to commit the crime, and the criminal's characteristics. While the forgiving apologies are; preserving the family relations and encouraging relieving the smuggled person. Based on the above mentioned, we reached some conclusions; 1-The criminal demeanor that consists the material cornerstone is represented by arranging the illegal entrance, departure & stay in the territory of a state while is moral cornerstone is represented by the criminal intention as it is a deliberate crime targeting an alive person. 2-It is subjected from the place specialization point of view to the conclusive specialization. 3-The penal legislations organizing the rules for this crime approved the punishment of prison, jail and fine with consideration of the gradual application of law in determining it, i.e. it did not approve a one limit punishment for this crime. 4-The penal legislations arranging the rules for this crime mentioned intensifying conditions such as committing the crime by organized groups …etc and forgiving apologies such as preserving family relations and encouraging relieving the smuggled person. | ||
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