From early 2007 on, the defendant maritally lived with a Turkish individual who had entered and stayed in France irregularly. The couple lived Nimes (France), having eventually married at the end of November 2007.
Legal findings:
The defendant was charged by the Prosecution with migrant smuggling, in the modality of “assisting the irregular entry, transit or stay of a foreigner in France”. The Court acquitted the defendant.
For further details see “Commentary”.
Commentary and Significant Features
The Court of Lyon determined that, in view of the specific circumstances of the case, the defendant benefited from the familiar immunity enshrined in Article L 622-4 Code of entry and stay of foreigners and right of asylum - “Code de l'entrée et du séjour des étrangers et du droit d'asile (CESEDA)”.
In the terms of the said legal provision, there are a number of individuals who are exempted from criminal prosecution if they “facilitate the irregular stay of foreigners in France”. Such persons include the spouse and the person with whom the foreigner notoriously lives in a marital situation.
Accordingly, the Court of Lyon acquitted the defendant.
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).
Sentence Date:
2008-03-18
Cross-Cutting Issues
Liability
... for
• completed offence
... based on
• criminal intention
... as involves
• principal offender(s)
Investigation Procedure
Involved Agencies
• Criminal police
• Public Prosecutor
Gender Equality Considerations
Details
• Gender considerations
• Female principal offender
Procedural Information
Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
The defendant was first questioned on 14 November 2007.
Defendants / Respondents in the first instance
Defendant:
X.
Gender:
Female
Charges / Claims / Decisions
Defendant:
X.
Charge:
Assisting the irregular entry, transit or stay of a foreigner in France
Statute:
Code of entry and stay of foreigners and right of asylum - “Code de l'entrée et du séjour des étrangers et du droit d'asile (CESEDA)”Articles L 622-1 and L 622-3
Verdict:
Not Guilty
Court
Tribunal de grande instance de Lyon
Sources / Citations
Tribunal de Grande Instance de Lyon Jugement Nº 2394.6EME C 18 March 2008
