What are the penalties for Illegal Immigrant Smuggling – Human Trafficking in Hungary?
Any person who provides aid to another person for crossing state borders in violation of the relevant statutory provisions is guilty of a felony punishable by imprisonment not exceeding three years.
(2) The penalty shall be imprisonment between one to five years if illegal immigrant smuggling:
a) is carried out for financial gain or advantage;
or b) involves several persons for crossing state borders.
(3) The penalty shall be imprisonment between two to eight years if illegal immigrant smuggling is carried out:
- a) by tormenting the smuggled person;
- b) by displaying a deadly weapon;
- c) by carrying a deadly weapon;
- d) on a commercial scale; or
- e) in criminal association with accomplices.
(4) Any person who engages in preparations for illegal immigrant smuggling is guilty of misdemeanor punishable by imprisonment not exceeding two years.
Which are the most serious cases of human trafficking-smuggling?
The penalty is five to ten years imprisonment if the human trafficiking is
- a) by oppressing the trafficked person,
- b) by armed force,
- c) armed,
- d) for commercial purposes; or
- e) in conspiracy is committed
(4) The penalty shall be imprisonment for a term of five to fifteen years if
(a) the smuggling of human beings within the meaning of paragraph 3(a) in the manner set out in (b) to (e)
(b) smuggling of human beings within the meaning of paragraph 3(b) in the manner set out in points (a) or (c) to (e)
(c) or (c)(a) are committed.
How can human trafficking – smuggling be committed?
What it means to provide aid?
Such aid may include for example crossing the state border, giving directions, counselling, providing a map with a marked border crossing route, or even providing accommodation, food or clothing the night before crossing the border, provided the offender is aware of the plans of the person he/she is assisting.
It is important to know that smuggling of human can be committed not only near the border, but anywhere in the country, and even outside the country.
What to do if your relative is under criminal proceedings in Hungary?
In this case, it is advisable to consult a lawyer immediately. A lawyer will be able to find out where your relative is being held and contact them immediately. This is an important help for a person who is arrested in a foreign country. The first few hours are very critical, as this is when most confessions are obtained by the police.
Do not hesitate to contact me.
If you want more useful information on the Hungarian criminal procedure click here.