The Court of Appeal of Metz (France) confirmed the decision of the Court of First Instance of Sarreguemines (France), thus convicting the appellant of migrant smuggling, in its modality of facilitation of illegal stay. In so doing, the Court considered that the appellant was aware of the irregular situation of his mother-in-law. By proving accommodation to her, he facilitated her illegal stay in the country, in the terms of Article 21 Ordonnance 45-2658 of 2 November 1945.

However, the Court of Appeal paid due care to the particular circumstances of the case and the special needs of the migrant. It thus reviewed the penalty by applying a full suspension thereof. That is, contrarily to the decision of he Court of First Instance of Serreguemines, the Court of Appeal suspended the execution of the fine (and not only of the imprisonment).

 

 

NOTE: As per French national law, the purpose of obtaining a financial or other material benefit is not a constitutive element of the crime but rather an aggravating circumstance (see SHERLOC Database on Legislation – France).