The crime of smuggling migrant in the light of international criminal law | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 11, Volume 9, Issue 1, February 2019, Pages 356-413 PDF (825.27 K) | ||
| DOI: 10.37651/aujlps.2022.171681 | ||
| Author | ||
| Adulqader Hussain Joma | ||
| Abstract | ||
| The phenomenon of smuggling of migrants is a modern image of illegal immigration, the phenomena of human smuggling are based on professionalism in the practice of criminality and means to achieve its goal can be defined as enabling of migrants can be defied as enabling a person to illegally leave the state with which he intends to leave for political or economic reasons to enable person to enter the territory of a state in order to commit that person with his sexual link or commit that person to enter the territory of a state in order to commit that person with his sexual link or to enable him to remain illegally. The pillars of this crime are the material and moral foundation as well as the location of the crime. The characteristics of this crime in the crimes of persons as well as the crime of the insertion and are subject in terms of spatial jurisdiction to the comprehensive jurisdiction and the crime of smuggling of migrants share the crime of trafficking in human beings in many points of substance and despite the similarity of crimes but there is difference between them especially in terms of the nature of the criminal conduct of both. As for the aggravating cirumstau castanetances comparative national legislation provided for arrange of circumstances which necessitate the removal of the penalty of the perpetrator. These circumstances include the commission of the commission of the crime by organized group, the multiplicity of perpetrators. The carrying or threat of use of force committing several times and impersonation and the purpose of committing it and the offender’s prescription as to the excuses of the punishment. The comparative national legislations provided for the maintenance of family ties. | ||
| Keywords | ||
| crime; Smuggling of migrants; International Criminal Law | ||
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