Database of Legislation

Smuggling of migrants
  • Offences

    • • Enabling illegal entry
      • Financial or other material benefit (to smuggler)
      • Enabling illegal stay
  • Related Conduct

    • • Organizing and directing other persons
      • Participating as an accomplice

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Any Article
  • Firearms Protocol

     

    Original Text

    Article 87
    Obligations of other individuals and officers – Penalties

    1. Properties cannot be leased by third-country nationals who do not hold a passport or other travel document recognized by international conventions or a visa or residence permit.

    2. Hotel and resort managers shall inform the police and the competent Agency for Aliens and Migration of the arrival and departure of guests who are third-country nationals.

    3. Any persons who violate the provisions of paragraphs 1 and 2 shall, in addition to other penalties provided for by law, be punished, by decision of the General Secretary of the Region, by a monetary fine of EUR one thousand five hundred (€1,500) to EUR three thousand (€3,000).

    4. The monetary fines referred to in the preceding paragraph shall also be imposed to persons submitting inaccurate statements or certificates provided for by this law and by regulatory acts implementing this law. Any third-country nationals who do not fulfill their obligations, as provided for in article 73, para.2, hereof, shall be punished by a monetary fine of EUR two hundred (€200) and, in case of relapse, EUR four hundred (€400).

    5. Whoever facilitates the entry to or the exit from the Hellenic territory of a third country national, without the required control provided by Article 5, is sentenced to imprisonment of up to ten (10) years and a minimum fine of twenty thousand (20.000) euros. If this person acted with a view to making a profit, by profession or habit or if the crime is committed by two (2) or more persons, an imprisonment of at least ten (10) years and a fine of at least fifty thousand (50.000) euros are imposed.

    6. Any person who facilitates the illegal residence of a third-country national or obstructs the police investigations aiming at locating, arresting and expelling such national shall be punished by imprisonment of at least one year and a monetary fine of at least EUR five thousand. If the said person acted for profit, he shall be published by imprisonment of at least two years and a monetary fine of at least EUR ten thousand.

    7. Any person who illegally possesses or uses a genuine passport or other travel document belonging to a third party shall be published by imprisonment of at least six months and a monetary fine of at least EUR three thousand (€3,000).

    The same penalty shall be imposed to any person who withholds the passport or other travel document belonging to a third party or refuses to deliver it to the competent agency. The same penalty shall be imposed to any person who possesses or uses a counterfeit passport or other travel document.

    8. Managers of travel or migration agencies or other persons who submit on behalf of third parties to the competent authority documentation for the issuance of a travel document using information that does not correspond to the identity of such persons shall be punished by imprisonment of at least one year and a monetary fine of at least EUR ten thousand. The same penalty shall be imposed to the person on behalf of whom the documents are submitted. By decision of the relevant Prefect, a three-month suspension of the agency's permit shall also be imposed and, in case of relapse, the permit shall be withdrawn.