The sentencing in this case was based on a plea agreement between the Prosecutor's Office for organised crime and defendant A.N who confessed to have committed the offence in the manner described in the indictment. Since A.N, was accused as a one of the organizers, his role was one of crucial to the overall and systematic unlawful activities of the organised criminal group rather than one of simple assistance in transporting smuggled migrant in a specific instance. The defendant was fully aware thereof. In the judgment of the High Court, confirming plea agreement, the analysis of this case was brief, but it may be noted that the Higher Prosecutor’s Office reasoned strong evidence regarding the functioning of an organized criminal group dedicated to the smuggling of migrants. There are a number of factors that demonstrate the existence of a fully operational and organised criminal group, acting upon a structured plan, in order to obtain a financial benefit, such as stable mode of operation transportation and takeover of migrants, engagement of several men with specific roles (e.g. cleaner, drivers, guides, etc) coordinating systematically among themselves.

This organised criminal group operated through the route most popular in this part of Europe, so called Western Balkan route. Besides enabling illegal border crossing of border between Serbia and Hungary, an important part of their actions was enabling illegal transit through the territory of Serbia.

According to the Criminal Code of the Republic of Serbia, the basic form of the offence illegal crossing of state border and smuggling of migrants exist whenever someone enables another person illegal crossing of the Serbian border or illegal stay or transit through Serbia with an intent to acquire a benefit for himself or another person. Hence, the act of this offence includes alternatively a set of three actions: illegal crossing of the Serbian border, illegal stay or transit through Serbia. The present case, is a case of an aggravated offence since it is done by an organised group, and the acts are illegal crossing of Serbian border and transit of persons. According to the stance from the judgments and legal practitioners in Serbia, the action transit is interpreted as a transportation of persons within territory of the Republic of Serbia. For defining the notion of transit as unauthorized unlawful action, as an act of offence, and in the end for proper assessment of the facts of the case, it is necessary to reflect in the judgment on the circumstances of the legal status of smuggled persons (migrants). In the case of persons who are authorized to stay at the territory of Serbia for a certain period of time, whose freedom of movement is not restricted it is questionable whether their transit trough Serbia can be consider illegal and would it represent the act of the offence illegal crossing of the state border and smuggling of migrants according to the Criminal Code of the Republic of Serbia, even if the element of intent to gain benefit is met. Some of the situations when third country nationals, irrespective of the circumstances of their alleged (un)lawful entry into the country, can legally be present in Serbia (for example persons with valid certificate of expressed intention to seek asylum in Serbia, asylum seekers, etc.)

In this case, as in most of analysed one, there is no information regarding the status of migrants who were smuggled. Even though, from the judgment it is possible to conclude that two times the vehicles used to transport migrant were stopped by national police of Hungary and Serbia, but only for certain number of them is available information about further treatment- to some of them an intention to seek asylum was issued and they have been ordered to go to asylum center in Banja Koviljaca and for certain number of them, an order to leave the territory has been issued.