Base de datos de jurisprudencia

Tráfico ilícito de migrantes

Delitos

• Facilitación de la entrada ilegal
• Beneficio económico u otro beneficio de orden material (para los traficantes de migrantes)

Método

• Tierra

K. br. 105/16

Resumen de los hechos

On April 26, 2015, around 1.30 AM, at the “Santos” motel, in Presevo, and with the intent to obtain material benefit in an undetermined amount that will be paid after transportation to the final destination is finished, the defendant enabled for five foreign citizens transport/ illegal transit through the Republic of Serbia, for the purpose of their further departure to the EU countries – Germany. The illegal transit through the Republic of Serbia was enabled to a larger number of foreign nationals, all from Syria, who previously illegally crossed the border between Republic of Serbia and Republic of Macedonia. The defendant came to Presevo, at the motel "Santos", where foreign citizens were waiting. After foreign citizens entered in vehicle, he started a pre-arranged drive, towards bus station in Bujanovac. The plan was that foreign citizens from Bujanovac travel by bus to Belgrade for the purpose of further departure to EU countries - Germany. When he came to Bujanovac , around 1:45 AM, he stopped his vehicle on the highway and ordered foreign citizens to leave the vehicle, showing them the direction to the bus station in Bujanovac. At that moment, police patrols from the border police station Bujanovac came across, stopped the foreign nationals and the defendant, and prevented further transit and the illegal transport through Serbia.

Comentario y aspectos destacados

Proceeding the concrete case, both the prosecutor and court qualified it as a more serious form of the offence defined in Art 350, paragraph 2 thus declaring jurisdiction of the Basic Court in Bujanovac (at the time of the commission, stipulated punishment for this offence was imprisonment ranging from six months to five years).

If the competent authorities, when qualifying the offence committed by the defendant Z.A had taken into account the fact that the defendant by transporting five persons who had illegally entered the territory of the Republic of Serbia fulfilled the elements of the offence stipulated in Art 350, paragraph 3 in relation to paragraph 2 (since he had smuggled a large number of persons), then the Higher Public Prosecutor and the Higher Court would have had jurisdiction in the first instance proceedings.

Consequently, the defendant Z.A. could not have been sentenced to imprisonment for a period shorter than three years for thus qualified criminal offence of Illegal Crossing of State Border and Human Trafficking.

Having declared jurisdiction in this case, the Court imposed the sentence of imprisonment to the defendant Z.A. specifying that he would serve the sentence at the place of his residence without electronic surveillance. The Court also pointed out that while deciding on the form and amount of punishment, it took into account mitigating circumstances – the defendant was a senior juvenile who just turned 20, living in poor conditions and had not been convicted before.

Fecha de la Sentencia:
2016-05-31

Cuestiones transversales

Responsabilidad

Responsabilidad por

• Delito consumado

Base de responsabilidad

• Intención dolosa

Responsabilidad implica

• Delincuentes principales

Investigación

Organismos interesados

• Ministry of Interior of the Republic of Serbia
• Basic Prosecutors Office

Incautación y decomiso

Bienes incautados

Vehicle "Volkswagen" type 2, registration plates VR xxxLZ, with start key and driving licence serial no. 2225497 ( name in driving licence : Z. A).
Objects are temporally confiscated.
 

Base jurídica

Objects were used for committing a crime
 

Observaciones

vehicle control; Police patrol -  Border police station in Bujanovac stopped the vehicle where accused and the migrants were located, preventing the accused from further illegal transiting and transporting migrants through Serbia.
 

Información sobre el procedimiento

Sistema jurídico:
Derecho continental
Última sentencia judicial:
Tribunal de primera instancia
Tipo de Proceso:
Penal
 
Proceder #1:
  • Fase:
    primer proceso
  • Código de referencia oficial de la causa:
    K. br. 105/16
  • Tribunal

    Título de la Tribunal

    Basic Court of Bujanovac
    Osnovni sud u Bujanovcu
     
    • Penal

    Descripción

    Based on indictment of the Public Prosecutor's Office in Vranje, and confession of the defendant that he had enabled the illegal border crossing and smuggling of persons from Art. 350. para 3. in relation to paragraph 2 of the CC of RS, the Basic Court in Bujanovac sentenced the defendant based on the testimony of police officers M.S. and  N.N., and  testimony of the witnesses.

     

    Resultado

  • Veredicto:
    Culpable
  • Migrantes

    Inmigrante:
    5 persons
    Sexo:
    Hombre
    Nacionalidad:
    sirio

    Acusado / Demandado de primera instancia

    Acusado:
    Z.A.
    Sexo:
    Hombre
    Nacionalidad:
    serbio
    Edad:
    20
    Nacimiento:
    1995
    Not convicted. No other criminal proceedings are conducted for another criminal offense.

    Cargos/Acusaciones/Decisiones

    Acusado:
    Z.A.
    Acusación:
    Illegal Crossing of State Border and Smuggling of Persons
    Ley:
    Criminal Code of the Republic of SerbiaArt. 350 Para. 3 in relation to Para. 2 and according to Art. 33
    Veredicto:
    Guilty
    Pena de prisión:
    1 año
    Security Measure – confiscation of objects vehicle Golf  type “2”

    Tribunal

    Basic Court of Bujanovac

    Archivos adjuntos