Dogmatic and Case Law Analysis of the Crime of Smuggling of Migrants

Authors

DOI:

https://doi.org/10.5944/rdpc.JULIO.2024.41363

Keywords:

Criminal law, Smuggling of Migrants, Migration Policy

Abstract

The aim of this paper is to analyse the crime of human smuggling from the dogmatic and case law sources available. To do so, firstly, it deals with the international and European regulations on the subject, which have a significant influence on national legislators. It deals with the delimitation of this crime in relation to the crime of trafficking in human beings and aiding irregular migration, the discussion on the protected legal interest, the elements of the objective and subjective type, the aggravated subtypes and the attenuated subtype and, finally, it offers a reflection on the possible application of the humanitarian aid excuse to exonerate from prosecution.

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Published

2024-12-20

How to Cite

de la Fuente Cardona, F. S. (2024). Dogmatic and Case Law Analysis of the Crime of Smuggling of Migrants. Revista de Derecho Penal y Criminología, 32(JULIO). https://doi.org/10.5944/rdpc.JULIO.2024.41363

Issue

Section

Derecho Penal