The crime of smuggling immigrants is a moving crime of choice and the crime occurs when one of the acts considered to be a substance occurs. If a foreigner is allowed to stay in the country through illegal means, or if a Turkish citizen or a foreigner is allowed to travel abroad by illegal means, the crime of trafficking in migrants will occur. Free moving to allow you to remain in the country crime is a crime and a person can make two types of: the person entered the country under the patronage of the country and others may be taken by the person as duly duly has been received and the necessary permissions to stay in the country even though it is a place to stay by someone the person provided a fake ID may be given.

The spiritual element of the crime of migrant trafficking is that the purpose of carrying out one of the Electoral Acts is to gain a material benefit, either directly or indirectly. Therefore, the crime can only be committed by special caste. If the perpetrator intended to obtain spiritual benefits, then the “crime of smuggling migrants” would not occur. As a matter of fact, there are established decisions of the Supreme Court in this direction. Furthermore, there is no doubt that a crime of human trafficking would occur if migrants were brought into a country for purposes such as forced labour, prostitution or captivity. On the other hand, the consent of the victim does not prevent the occurrence of this crime, nor will consent eliminate the lawlessness.

The crime of trafficking in migrants is committed within the framework of an organisation’s activity, the victims are subjected to degrading treatment or the occurrence of a danger to their lives is considered to be of the nature of the crime. In addition, if this crime is committed within the framework of the activity of a legal person, TCK m.According to 79/4, security measures specific to legal persons are governed. Finally, while participation in the aforementioned crime is possible, those who have established functional sovereignty over the operation of the act that causes the crime will be held liable as joint perpetrators.

TCK m on how to punish the basic state of the crime of migrant trafficking.It is included in 79/1. Accordingly, if a foreigner is brought into the country by illegal means in order to obtain financial benefit directly or indirectly, or if a Turkish citizen or a foreign person is allowed to leave abroad, the perpetrator is sentenced to 3 to 8 years imprisonment and a judicial fine of up to ten thousand days.

2 of the same item. In the paragraph, the quality of the crime is counted. Accordingly, in case of endangering the lives and body integrity of migrants or being subjected to degrading treatment, the penalty will be increased from half to 2/3. In addition, if this crime is committed within the framework of an organization’s activities, the penalties will increase by half.According to the Supreme Court, there are certain conditions that must be found to mention the existence of an organization. These; the number of members is at least 3, the existence of a hierarchical relationship between the members, the fact that people are united to commit crimes, the fact that this merger is continuous in nature and the structure of the organization is conducive to the crime of trafficking of immigrants in terms of the number of members and the tools and equipment. However, in the event of these conditions, the crime of trafficking of migrants committed will be considered to have been committed within the framework of a criminal organization and the punishment will be increased.

An attempt to commit a crime involves the failure of the perpetrator to complete the crime for reasons that he or she does not have, even though he or she acted in order to complete the crime.