The deterioration of the global economic situation and long-standing military crises in various parts of the world often cause an increase in the flow of people seeking greater security in developed countries living in peace and prosperity. It is precisely these conditions that predispose to an increase in the frequency of refugee trafficking.
Crossing the border of the Republic of Bulgaria is only possible at designated border crossing points. When it comes to citizens of countries that are not members of the European Union crossing the border, this possibility is subject to a special permit regime, implemented in compliance with a strict formal procedure under which each specific person is subject to verification by the country’s security services.
Assisting a foreigner to reside or transit through the country in violation of the law constitutes a crime, namely refugee trafficking, due to the fact that it hinders the possibility of control over persons entering the country.
When is the crime of “refugee smuggling” committed?
No assistance to foreigners to reside or pass through the country constitutes a crime.
For such an act to be criminal, it must have been committed “unlawfully.”
This raises the question, “When is it legal to assist foreigners in residing or transiting through the country?” The answer is clear and unambiguous: when the foreigners being assisted have a permit to reside or transit through the country. Such a permit is issued in accordance with:
- The Asylum and Refugees Act, when persons are fleeing war or are victims of political or religious persecution in their country;
- The Law on Labor Migration and Labor Mobility, when persons wish to work in the territory of the country or
- The Law on foreigners in the Republic of Bulgaria, when persons wish to obtain permission for long-term or short-term residence in the country.
For refugee trafficking to occur, the unlawful assistance must be provided for financial gain, i.e., the person assisting the foreigners must derive financial profit from this activity.
What are the penalties for refugee smuggling?
When imposing a sentence for trafficking refugees The Criminal Code provides for the possibility of imposing a penalty of imprisonment for up to five a16> five years and a fine of three thousand to ten thousand levs.
As provided, the punishment does not allow the court to release the defendant from criminal liability by imposing an administrative penalty. However, when a guilty verdict is handed down, it is possible for the punishment of “imprisonment” to be replaced with probation if there are multiple or exceptional mitigating circumstances.
In the absence of such circumstances and if, at the time of the offense, the “trafficker” has a clean criminal record and the court imposes a sentence of “imprisonment” of up to three years, it is possible to impose a suspended sentence. This happens if the court decides that it is not necessary for the offender to serve their sentence in order to reform them and re-educate them to obey the law and morality.
Any prison sentence exceeding three years shall be served effectively in prison.
IMPORTANT!!! For this reason, it is necessary to engage an experienced criminal lawyer in a timely manner to build a defense strategy aimed at achieving an acquittal or a lower sentence.
A more severe punishment for transporting refugees in violation of the law, namely imprisonment for one to six years and a fine of five thousand to twenty thousand leva, is imposed in five exhaustively listed cases.
First, when a motor vehicle, aircraft, or other means of transport was used to facilitate the crime. In this case, the vehicle is confiscated by the state, but only if it belongs to the perpetrator.
Second, when the assistance is organized by a group or organization.
Third, when refugee trafficking is carried out in a manner that endangers the refugee’s life.
Fourth, when the unlawfully assisted person is under 16 years of age.
And finally, when illegal assistance to foreigners for residence or transit in the country has been carried out in relation to more than one person.
As can be seen from the above, the most common forms of refugee trafficking are precisely those that are more severely punishable.
Defense against charges of refugee trafficking
There are five main reasons why the defendant accused of refugee trafficking should be acquitted:
- when the crime was not committed by the person against whom the charges were brought;
- when there is insufficient evidence to prove the guilt of the accused person;
- when, in the course of the investigation, there have been significant violations of procedural rules in the performance of actions that cannot be repeated (e.g., search, seizure, inspection, etc.);
- when illegal surveillance methods have been used (e.g., special intelligence methods without a court order);
- when the accused was unable to understand the nature and significance of their actions and/or was unable to control their behavior.
An effective form of protection is to achieve a suspended sentence, replacing imprisonment with probation or a sentence close to the minimum provided for.
The reason for imposing probation instead of imprisonment is the existence of multiple or exceptional mitigating circumstances (e.g., clean criminal record, young age, special extenuating circumstances for committing the crime, etc.).
A suspended sentence is possible if the perpetrator has not been convicted of imprisonment at the time of the crime. At the same time, the court must assess that the convicted person can be rehabilitated and reformed without serving the sentence. This assessment is made both in view of the mechanism of committing the crime and according to the personality of the perpetrator himself.
In all cases, a specific assessment of the appropriate line of defense in a refugee smuggling case is made based on the facts and circumstances of the case.
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Silvia Petkova Sole Proprietorship Law Firm provides legal assistance from established lawyers specializing in the defense of persons accused of committing a crime.
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Address: Sofia, 2 Tri Ushi Str., 3rd floor
Telephone: 0885 47 77 57
email: office@petkovalegal.com
Consultations by telephone and on site at the law office are provided only by previously scheduled appointment.
In the event of arrest for a crime, no prior appointment is necessary. These cases are given priority. To visit a detention facility and take on representation, a telephone request is sufficient.