Participation in criminal activities of organized criminal group
Knowledge of aim or activities of the organized criminal group or its intention to commit the crimes in question
The defendant admitted to have issued certificates of residence in France to several irregular migrants, allegedly without having perceived any financial or other material benefit. He acknowledged to have the same stated “legal residence” as an irregular migrant he assisted but was, nonetheless, unable to provide any information regarding the latter.
Upon a search to the defendant’s residence, authorities found his associate (M.Y.) as well as seven irregular migrants in situ. The electricity contract of the apartment was under the defendant’s name. During questioning, M.Y. was unable to explain the provenance of 6000 Euro found in his possession, simply stating the cash had been lent to him by friends so as to enable the purchase of a real estate.
In ascertaining the facts, authorities took into account inter alia testimonial evidence and the outcome search and seizure operations.
The competent Investigative Judge deemed there to be sufficient evidence to hold the defendant and his associate prima facie responsible for “assisting the irregular entry, transit or stay of a foreigner in France”. Accordingly, it referred the case to the tribunal correctionnel. The defendant contested this decision. The Court of Appeal of Reims (France) dismissed the appeal.
The Court of Cassation partially reversed the decision of the Court of Appeal of Nancy.
For further details see “History of Proceedings” and “Commentary”.