Migrant Smuggling in Romania

Migrant smuggling has been an ever-increasing phenomenon in recent years. This was generated by various armed conflicts, but it is still an ongoing problem.
While some forms of participation can be simple mistakes, most times migrant smuggling is a crime.
Because of the fact that Romania has some non-EU borders, smuggling is taken very seriously. Most times, penalties will be high.

What Actions Are Incriminated

As per the provision of the Romanian Criminal Code, recruiting, guiding, or transporting a person in order to cross the border illegally is incriminated as migrant smuggling.
In short, any actions taken in order to help an illegal migrant cross the border in or out of Romania are going to be criminally punishable.

Criminal Penalties for Migrant Smuggling

In its typical form, migrant smuggling carries a penalty of 2 to 7 years imprisonment.
However, if the crime has some specific characteristics, the penalty will be from 3 to 10 years of imprisonment. This is the case if:

  • the crime had the goal of providing financial gain;
  • the means of the crime have endangered the life or health of the migrant;
  • the migrant was subjected to inhumane or degrading treatment.

While penalties can be reduced depending on many variables, it is important to note that penalties higher than 3 years cannot be suspended.

Migrant Smuggling and Other Crimes

While smuggling can exist as a stand-alone crime, it is often associated with racketeering.
This is because of the way in which most smuggling operations are structured. They usually involve a higher number of people involved and anything more than three people involved will most likely result in an additional racketeering charge.

If you want to get a general idea of how a Romanian criminal trial works click here.

If you need more information about this subject, you can contact us at any time and we will be glad to answer any questions that you may have.