The crime of migrant smuggling is an electoral moving crime and is caused by the realization of one of the movements considered to be an article. If a foreigner is brought into the country using illegal means, if a foreigner is allowed to stay in the country through illegal means, or if a Turkish citizen or foreigner is allowed to go abroad by illegal means, the crime of migrant smuggling will occur. A crime is a crime to remain in the country to allow free-moving and can make two types of person: the person entered the country under the patronage of the country and others may be taken by the person duly duly received the necessary permissions to stay in the country even though it is a place to stay and by someone the person has been provided a fake ID may be given.

The spiritual element of the crime of migrant smuggling is that the purpose of carrying out one of the electoral movements is to obtain a material benefit directly or indirectly. Therefore, the crime can only be committed with a special caste. If the perpetrator intended to obtain moral benefits, in this case, the “crime of migrant smuggling” will not occur. As a matter of fact, the Supreme Court also has established decisions in this direction. In addition, there is no doubt that trafficking in persons will constitute a crime if migrants are brought into the country for purposes such as forced labor, prostitution, or being subjected to captivity. On the other hand, the consent of the victim does not prevent the occurrence of this crime, and consent will not eliminate the violation of the law.

The commission of a crime of migrant smuggling within the framework of an organizational activity, the dishonorable treatment of victims or the occurrence of a danger to their lives are considered to be qualified cases of the crime. In addition, in the event that this crime is committed within the framework of the activity of a legal entity, the TCC m.according to 79/4, security measures specific to legal entities are provided for. Finally, although it is possible to participate in the aforementioned crime, those who have established functional sovereignty over the commission of the act that caused the crime will be held accountable as joint perpetrators.

How to punish the basic form of the crime of migrant smuggling TCK m.it is included in 79/1. Accordingly, directly or indirectly, in order to obtain material gain or importation of illegally stay in the country with the provision of a stranger or stranger when the perpetrator to go abroad to a Turkish citizen from 3 years to 8 years to enable it provides with imprisonment of ten thousand, until the day a judicial penalty is given.

2 Of the same substance. In its paragraph, the qualified cases of the crime are considered. Accordingly, if the lives and body integrity of migrants are endangered or subjected to degrading treatment, the penalty to be given is increased from half to 2/3. In addition, if this crime is committed within the framework of an organization’s activity, the penalties that will be given will increase by half.According to the Supreme Court, there are certain conditions that must be met to talk about the existence of an organization. These; the number of members should be at least 3 members the existence of a hierarchical relationship between persons to be united with the intention of committing the crime, and is continuous with the nature of this merger with the number of members of the organization in terms of equipment that is conducive to commit the crime of smuggling of migrants. However, in the presence of these conditions, the crime of migrant smuggling committed within the framework of a criminal organization will be considered committed and the punishment will be increased.

An attempt to commit this crime, on the other hand, involves the fact that the perpetrator, although he acted to complete the crime, could not complete the crime for reasons that he did not have.

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