During a police control on the highway, in Saint Avold (France), on 11 December 1988, authorities stopped the appellant. It was ascertained that he transported in the car his mother-in-law, Algerian, who’s passport had expired six months prior.
The appellant confirmed to be aware of the irregular situation of his mother-in-law in France. He further acknowledged accommodating her. He justified his conduct with her debilitated health condition (diabetes and high blood pressure), which required her to be closely followed by a physician.
Legal findings:
The Court of First Instance of Sarreguemines (France) convicted the appellant of migrant smuggling, specifically facilitation of illegal stay. It sentenced the appellant to two months imprisonment suspended and a fine of 2000 Francs. The Court of Appeal of Metz (France) confirmed the decision on the merits but reviewed the penalty applied.
For further details see “History of Proceedings” and “Commentary”.
评注和重要特点
The Court of Appeal of Metz (France) confirmed the decision of the Court of First Instance of Sarreguemines (France), thus convicting the appellant of migrant smuggling, in its modality of facilitation of illegal stay. In so doing, the Court considered that the appellant was aware of the irregular situation of his mother-in-law. By proving accommodation to her, he facilitated her illegal stay in the country, in the terms of Article 21 Ordonnance 45-2658 of 2 November 1945.
However, the Court of Appeal paid due care to the particular circumstances of the case and the special needs of the migrant. It thus reviewed the penalty by applying a full suspension thereof. That is, contrarily to the decision of he Court of First Instance of Serreguemines, the Court of Appeal suspended the execution of the fine (and not only of the imprisonment).
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).
判决日期:
1989-10-04
交叉问题
责任
... 为了
• 既遂犯罪
... 根据
• 犯罪意图
... 作为涉及方
• 主犯
侦查
所涉机构
• Criminal Police
• Public Prosecutor
程序步骤
法律制度:
民法
最新的法院:
上诉法院
诉讼类型:
刑事的
On 19 May 1989, the Court of First Instance of Sarreguemines (France) convicted the appellant of migrant smuggling. It followed the appeal herein under analysis.
移民
移民:
性别:
女
国籍:
null
Mother-in-law of the appellant. Debilitated health condition, requiring close medical follow-up.
被告/ 初审被申请人
被告:
M.D.
性别:
男
国籍:
出生:
1957
法律推理:
On appeal, the Defence argued the appellant had acted out of concern for the debilitated health of his mother-in-law who required close medical follow-up.
指控/索赔/裁决
被告:
M.D.
指控:
Assisting the irregular entry, transit or stay of a foreigner in France
法规:
Ordonnance 45-2658 of 2 November 1945Article 21
陪审团裁决:
Guilty
监禁期:
2 月份
Probation
罚金/向国家付款:
2000
Francs
(Up to 10,000 USD)
Execution suspended
法院
Cour d'appel de Metz
来源/引文
Cour d’Appel de Metz Jugement 767/89 4 October 1989
