判例法数据库

偷运移民

罪行

• 促成非法入境
• (给偷运者的)钱财或其他物质利益

Pengadilan Negeri Rangkasbitung Putusan Nomor 209/Pid.Sus/2012/PN.Rkb

事实梗概

46 smuggled migrants originating from Iran left Binuangeun on a boat destined for Australia, but were quickly forced to return when their vessel struck a reef and began taking on water. Some of the migrants and one smuggler were later apprehended on the Indonesian mainland. The smuggler, an Indonesian national by the name of Aser Kedoh bin Michael, was charged with offences relating to smuggling of migrants.

The accused was offered IDR 20,000,000 to captain the vessel, but never received payment.

交叉问题

责任

... 为了

• 既遂犯罪
• 未遂

... 作为涉及方

• 主犯

侦查

没收和扣押

扣押的财产

One boat, 13m x 3.6m.

 

程序步骤

法律制度:
民法
 
诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    Pengadilan Negeri Rangkasbitung Putusan Nomor 209/Pid.Sus/2012/PN.Rkb
  • 裁决日期:
    Mon Jan 21 00:00:00 CET 2013

    法院

    法院名称

    Pengadilan Negeri

     

    地点

  • 城市/城镇:
    Rangkasbitung
  • 省:
    Lebak Regency, Banten
  • • 刑事的

    说明

    The accused was found guilty of the primary charge; 'attempted people smuggling.'

     

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    5 岁
     

    The following factors were listed in the sentencing remarks as mitigating the imposition of a harsh sentence:

    The accused was the 'backbone,' of his family.
    The accused was polite and acknowledged his actions in order to streamline trial proceedings.
    The defendant regretted his actions and promised not to repeat them in the future.
    The defendant had not previously been convicted nor previously dealt with the authorities.

    罚金

    付款

    500000000 IDR

    备注

    Failure to pay the fine would result in a further 1 month imprisonment.

     

    移民

    移民:
    46 persons
    国籍:
    null

    被告/ 初审被申请人

    被告:
    Aser Kedoh bin Michael
    性别:
    国籍:
    年龄:
    57
    出生:
    1954

    Another crew member, known as 'Peter,' is listed as being at large.

    指控/索赔/裁决

    被告:
    Aser Kedoh bin Michael
    法规:
    Law 6/2011 concerning ImmigrationArt 120(2) - attempted people smuggling
    指控详情:

    The accused was a crew member aboard a vessel intended to transport smuggled migrants to Australia.

    法院

    Pengadilan Negeri (District Court)

    来源/引文

    Pengadilan Negeri Rangkasbitung Putusan Nomor 209/Pid.Sus/2012/PN.Rkb

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.