On issues of criminal liability for violating the state border crossing procedure, organizing illegal migration, and violating entry ban periods
The problem of violating the state border crossing procedure, organizing illegal migration, and violating entry ban periods is justifiably classified as criminally punishable acts, as they disrupt the orderliness of the system of public relations in the field of human movement, threaten the national security of the state and public order.
Thus, Article 371 of the Criminal Code of the Republic of Belarus (illegal crossing of the State Border of the Republic of Belarus) states that:
1. Intentional illegal crossing of the State Border of the Republic of Belarus using a mechanical vehicle, an inland navigation vessel (self-propelled), a mixed (river-sea) navigation vessel (self-propelled), a small motor vessel, a vessel with an outboard engine, a jet ski, an aircraft with an engine, as well as intentional illegal crossing of the State Border of the Republic of Belarus by other means, committed within one year after the imposition of an administrative penalty for the same violation, -
shall be punished by a fine, or arrest, or imprisonment for up to two years.
2. Intentional illegal crossing of the State Border of the Republic of Belarus, committed by a person previously convicted of a crime provided for by this article, or by a foreign citizen, a stateless person deported or expelled from the Republic of Belarus, before the expiration of the entry ban period into the Republic of Belarus, or by an official using their official powers, -
shall be punished by arrest, or restriction of liberty for up to five years, or imprisonment for the same term.
3. Intentional illegal crossing of the State Border of the Republic of Belarus, committed by an organized group, -
shall be punished by imprisonment for a term of three to seven years with or without a fine.
It should be noted that the provisions of this article do not apply to cases of arrival in the Republic of Belarus in violation of the rules for crossing the State Border of the Republic of Belarus by foreign citizens and stateless persons applying for refugee status, additional protection, or asylum in the Republic of Belarus, provided that they promptly submitted such an application.
Article 371-1 of the Criminal Code of the Republic of Belarus (organization of illegal migration) provides that:
1. Organization or leadership or assistance to activities for illegal entry into the Republic of Belarus, stay on the territory of the Republic of Belarus, transit through the territory of the Republic of Belarus, or departure from the Republic of Belarus of foreign citizens or stateless persons (organization of illegal migration) -
shall be punished by arrest, or restriction of liberty for up to five years, or imprisonment for the same term.
2. Organization of illegal migration, committed in a manner dangerous to the life or health of foreign citizens or stateless persons, or involving cruel or degrading treatment, or committed repeatedly, or by a group of persons by prior conspiracy, or by an official using their official powers, -
shall be punished by imprisonment for a term of three to seven years with or without a fine.
Article 371-2 of the Criminal Code of the Republic of Belarus (violation of the entry ban period into the Republic of Belarus) indicates that:
The stay in the Republic of Belarus of a foreign citizen or stateless person, deportedor expelled from the Republic of Belarus, before the expiration of the entry ban to the Republic of Belarus, in the absence of signs of a crime provided for in Part 2 of Article 371 of this Code, -
shall be punished by arrest or imprisonment for a term of up to three years.
Prosecutor of Beshenkovichi District
Junior Counselor of Justice A.A. Starchenko
Thus, Article 371 of the Criminal Code of the Republic of Belarus (illegal crossing of the State Border of the Republic of Belarus) states that:
1. Intentional illegal crossing of the State Border of the Republic of Belarus using a mechanical vehicle, an inland navigation vessel (self-propelled), a mixed (river-sea) navigation vessel (self-propelled), a small motor vessel, a vessel with an outboard engine, a jet ski, an aircraft with an engine, as well as intentional illegal crossing of the State Border of the Republic of Belarus by other means, committed within one year after the imposition of an administrative penalty for the same violation, -
shall be punished by a fine, or arrest, or imprisonment for up to two years.
2. Intentional illegal crossing of the State Border of the Republic of Belarus, committed by a person previously convicted of a crime provided for by this article, or by a foreign citizen, a stateless person deported or expelled from the Republic of Belarus, before the expiration of the entry ban period into the Republic of Belarus, or by an official using their official powers, -
shall be punished by arrest, or restriction of liberty for up to five years, or imprisonment for the same term.
3. Intentional illegal crossing of the State Border of the Republic of Belarus, committed by an organized group, -
shall be punished by imprisonment for a term of three to seven years with or without a fine.
It should be noted that the provisions of this article do not apply to cases of arrival in the Republic of Belarus in violation of the rules for crossing the State Border of the Republic of Belarus by foreign citizens and stateless persons applying for refugee status, additional protection, or asylum in the Republic of Belarus, provided that they promptly submitted such an application.
Article 371-1 of the Criminal Code of the Republic of Belarus (organization of illegal migration) provides that:
1. Organization or leadership or assistance to activities for illegal entry into the Republic of Belarus, stay on the territory of the Republic of Belarus, transit through the territory of the Republic of Belarus, or departure from the Republic of Belarus of foreign citizens or stateless persons (organization of illegal migration) -
shall be punished by arrest, or restriction of liberty for up to five years, or imprisonment for the same term.
2. Organization of illegal migration, committed in a manner dangerous to the life or health of foreign citizens or stateless persons, or involving cruel or degrading treatment, or committed repeatedly, or by a group of persons by prior conspiracy, or by an official using their official powers, -
shall be punished by imprisonment for a term of three to seven years with or without a fine.
Article 371-2 of the Criminal Code of the Republic of Belarus (violation of the entry ban period into the Republic of Belarus) indicates that:
The stay in the Republic of Belarus of a foreign citizen or stateless person, deportedor expelled from the Republic of Belarus, before the expiration of the entry ban to the Republic of Belarus, in the absence of signs of a crime provided for in Part 2 of Article 371 of this Code, -
shall be punished by arrest or imprisonment for a term of up to three years.
Prosecutor of Beshenkovichi District
Junior Counselor of Justice A.A. Starchenko