Participation in an organized criminal group
  • Offences

    • • Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
Smuggling of migrants
  • Offences

    • • Enabling illegal entry
      • Producing a fraudulent travel or identity document in connection with migrant smuggling
      • Financial or other material benefit (to smuggler)
      • Enabling illegal stay
  • Related Conduct

    • • Organizing and directing other persons

Egypt

Law No. 82 for 2016 Issuing the Law On Combating Illegal Migration & Smuggling of Migrants

 Article 4 - 21

UNTOC Articles

  • Organized Crime Convention

  • Article 5 : Criminalization of participation in an organized criminal group
  • Article 10 : Liability of legal persons
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Any Article
  • Firearms Protocol

    Original Text

    Article (4)

    Without prejudice to any more severe penalty provided for in any other law, the offences provided for in the following articles shall be punished with the prescribed penalties.

     

    Article (5)

    The penalty of imprisonment shall befall each person establishing, organizing, or managing an organized criminal group for the purposes of smuggling migrants, or assuming any leading role in such groups, or being a member of such groups or associated thereto.

     

    Article (6)

    The penalty of imprisonment and a fine of no less than fifty thousand pounds and no more two hundred thousand pounds, or a fine equivalent to the achieved profits, whichever is greater, shall befall each person who commits, attempts or mediates in the crime of smuggling migrants.

    The penalty of aggravated imprisonment and a fine between two hundred thousand pounds and five hundred thousand pounds or a fine equal to the value of the achieved profit, whichever is greater, shall apply in any of the following cases:

    1- If the criminal established, organized, or managed an organized criminal group for the purposes of smuggling migrants, or assumed command therein, or was a member thereof or joined it.

    2- If the offence had a transnational character.

    3- If the offence was committed by several criminals or by a person carrying a weapon.

    4- If the criminal was a public official or assigned to a public service and committed the offence by abusing his position or the public service.

    5- If the offence might threaten the life of the smuggled migrants or compromise their well-being or is considered inhumane or degrading treatment.

    6- If the smuggled migrant was a woman, a child, an incompetent person or a person with a disability.

    7- If a forged travel or identity document was used to commit the offence, or if a travel or identity document was used by someone other than its legal holder.

    8- If a vessel was used to commit the offence in violation of its proper purpose or its defined routes.

    9- If the criminal repeated the offence provided for in the first paragraph of this Article.

     

    Article (7)

    The penalty of life imprisonment and a fine no less than two hundred thousand Pounds and no more than five hundred thousand Pounds or a fine equal to the value of the achieved profit, whichever is greater, shall be applicable if any of the offences provided for in the first clause of the previous Article were committed under any of the following circumstances:

    1- If the offence was committed by an organized criminal group.

    2- If the offence was committed for a terrorist purpose according to the applicable laws in this regard.

    3- If the offence resulted in the death of the smuggled migrant, a permanent disability or an incurable illness to him/her.

    4- If the criminal used or threatened to use drugs, medications, weapons, force, or coercion in committing the offence.

    5- If the number of the smuggled migrants is more than 20 persons or less provided that it includes women, children, incompetent persons or persons with disabilities.

    6- If the criminal seized or destroyed the travel or identity documents of the smuggled migrant.

    7- If the criminal used force or weapons to resist authorities.

    8- If the criminal used children to commit the offence.

    9- If the criminal repeated the offence in the aggravated circumstances provided for in the second paragraph of Article (6).

     

    Article (8)

    Every person facilitating or managing purposefully a place to harbor, gather or transport smuggled migrants, or facilitating or providing them with any services purposefully shall be penalized by imprisonment.

    Article (9)

     

    The court shall oblige the criminal, in the offences provided for in Articles (6), (7) and (8) of this Law, to bear all expenses of livelihood for the migrant and his/her escorts until finalizing necessary judicial and administrative procedures, along with the expenses of returning the smuggled migrant and his/her escorts to their country or place of residence.

     

    Article (10)

    Each person who uses force or intimidation or offers or promises to offer a gift or an advantage of any kind to urge another person to commit perjury, withhold facts, make false statement or give any misrepresentations in any phase of collecting inferences, conducting investigations or trials in procedures related to committing any of the offences provided for in this Law, shall be penalized by imprisonment.

    The same penalty shall be applicable for each person who reveals or discloses the identity of the smuggled migrants or the witnesses endangering or harming them, or who facilitates communication between them and other criminals or risks their physical and psychological integrity and sanity.

     

    Article (11)

    The penalty of detention shall befall those who make false statements or provide false information in any phase of collecting evidence, the investigation or the trial relating to committing any of the offences provided for in this Law.

    The detention term shall be of no less than one year if the criminal was assigned by the judicial authority or prosecution to carry out a task of expertise or interpretation.

    Each person who abetted this offence shall be subject to the same penalty, even if the abetment did not have an effect.

     

    Article (12)

    The penalty of imprisonment shall befall anyone who harbors any criminal, items or funds gained through any of the offences provided for in this Law, or who intentionally conceals or damages any evidence or tool used in the offence.

    The court may exempt the perpetrator from punishment, if he/she was harboring a spouse, lineal consanguinity or lineal descendant.

     

    Article (13)

    The penalty of imprisonment shall befall each person abetting, by any means, to commit one of the offences provided for in the previous articles of this Law, except for Article (11), even if the abetment did not have an effect.

     

    Article (14)

    The same penalties prescribed for the committed offence shall befall the person in charge of the actual management of the legal person if any of the offences provided for in this Law was committed by one of the employees who work under the name of the legal person and for its benefit while having knowledge of the offence and the offence had occurred due to violating the duties of its position.

    The legal person shall be jointly liable for paying the financial penalties and compensations, if an employee working under its name and for its benefit commits the offence. The court shall order, in the judgment of conviction, to publish the judgment in two widely distributed daily newspapers at the expense of the legal person. The court may cease the business activity of the legal person for a period of not more than one year.

    The court may order the dissolution and liquidation of the legal person if the offence was repeated by one of its employees who work under its name and for its benefit.

     

    Article (15)

    The penalties of detention for no less than 6 months and a fine of no less than ten thousand Pounds and no more than twenty thousand Pounds, or either of the two penalties, shall befall each person becoming aware of the committed offences provided for in this Law or an attempt thereof while not reporting the same to competent authorities. If the perpetrator was a public official and the crime had occurred due to violating the duties of its position, the penalty shall be detention for a period of no less than one year and no more than five years.

    The court may consider exemption if the offence was committed by the spouse, lineal consanguinity, lineal descendant, or the siblings of the perpetrator.

     

    Article (16)

    The commercial carrier shall ensure that the passenger has the necessary documents for their destination.

    Failing to observe the above shall render the commercial carrier subject to a fine of no less than fifty thousand Pounds and no more than one hundred thousand Pounds. The fines shall multiply according to the number of passengers.

     

    Article (17)

    Without prejudice to the rights of third parties of goodwill, it is to be judged in all circumstances to confiscate the funds, luggage, transportations or tools obtained through any of the offences provided for in this Law or the ones used in committing the offence.

    The confiscated tools and transportations shall be allocated to the confiscation authority, if decided by the concerned minister that they are directly necessary to its activity.

     

    Article (18)

    The provisions of articles 208 bis (a), 208 bis (b) and 208 bis (c) of the Criminal Procedure Code, shall apply to the offences provided for in this Law.

     

    Article (19)

    If one of the criminals reported any of the offences provided for in this Law or the perpetrators to any of the competent authorities before they became aware of them, the court shall exempt him/her from punishment if his/her report led to the seizing of the remaining criminals and funds obtained from this offence.

    The court may decide an exemption from the original punishment, if the reported offences took place after the Authorities became aware of them provided that the reporting has led to identifying and seizing of the remaining criminals and confiscating the funds obtained from the offence.

    The provisions of the previous two paragraphs shall not apply if the offence resulted in the death of the smuggled migrant, an incurable illness or a permanent disability.

     

    Article (20)

    Subject to the provisions of Article (4) of the Penal Code, the provisions of this Law shall apply to every non-Egyptian person, who committed any of the offences provided for in this Law outside the Arab Republic of Egypt, if the act was criminalized in the country in which it was committed, according to its internal law or an international convention to which it has acceded, in any of the following cases:

    1.If the offence was committed using any of the means of transportation by land, sea or air registered in the Arab Republic of Egypt or flying its flag.

    2.If one or all of the smuggled migrants were Egyptians.

    3.If the offence was prepared, planed, directed, supervised or funded in the Arab Republic of Egypt.

    4.If the offence was committed by an organized criminal group, which practices its criminal activities in more than one country including the Arab Republic of Egypt.

    5.If the offence would jeopardize the well-being of any of the citizens or residents of the Arab Republic of Egypt, its security or any of its interests whether inside or outside the Arab Republic of Egypt.

    6.If the perpetrator was found in the Arab Republic of Egypt after committing the crime and was not extradited.

     

    Article (21)

    In the cases provided for in Article (20) of this Law, the competence for carrying out the procedures of prosecution, investigation and trial shall extend to the competent Egyptian authorities.

    If migrants were smuggled in a vessel, the Egyptian authorities shall take the necessary measures whether they were in a territorial sea or contiguous zone according to the provisions of the International Law of the Sea.

     
     

    Cross Cutting

    • Liability of Legal Persons

      • • Criminal
    • Jurisdiction

      • • Passive principle of nationality (offence committed outside its territory against its nationals)
        • On board a ship/vessel flying its flag
        • Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)
     
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