As per our Criminal Code in force, the criminal act of assisting illegal entry (smuggling illegal aliens) (§353) is committed by someone who aids another person in crossing a state border illegally. Due to the egregious nature of this crime, even the standard form of it is punishable by a prison term not exceeding three years. Albeit assisting illegal entry (people smuggling) is a crime of the type of aiding, the legislator lists it as an autonomous criminal act under the offences against public administration.
Anyone may commit assisting illegal entry (people smuggling). The passive subject of the offence is the person aided by the perpetrator in crossing a state border in contravention of legal regulations.
Such aid may be e. g. transporting across the state border, giving guidance or advice, handing over a map with a drawing of the route for crossing the border, or providing food, clothing or shelter for the night before crossing a state border, if the perpetrator is aware of what the person aided in such fashion is planning to do.
It must be emphasised that assisting illegal entry may committed not only close to the state border but anywhere in the country or even outside the borders of the country.
It is an aggravated form of assisting illegal entry (human smuggling) if it is committed for material gain (to be realised as a material consideration) or if it is comitted by at least two offenders, aiding at least two persons to cross a state border. Should any of these two aggravating circumstances apply, the perpetrator is punishable by a prison term between one and five years.
It is an even graver crime if assisting illegal entry (people smuggling) is committed by tormenting the smuggled person (e. g. by crowding the persons to be transported in a vehicle), by possessing a firearm or a deadly weapon, doing it as a business (not once, but for regular gain), or if acting in conspiracy (i. e. if two or more persons commit the crime in an organised manner, or if they agree to do so). In case of these five aggravating circumstances, the prison term may be two to eight years.
A further manner of commission is acting as a member of a criminal organisation. Whoever commits assisting illegal entry (people smuggling) as a member of a criminal organisation, is punishable by twice the maximum of the otherwise imposable prison term, although it may not exceed 25 years. The felony of assisting illegal entry (people smuggling) is committed in a criminal organisation if somebody agrees with his fellow conspirators to organise, for material consideration, the transport within Hungary of third country nationals who were helped to cross the green border, and if (s)he performs such an act.
Any person preparing assisting illegal entry (people smuggling) commits the misdemeanour of assisting illegal entry. After the trafficker committed his act, it remains preparation as long as, for instance, the persons to be smuggled across the state border do not commence to illegally cross the border.
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