CRIMES AGAINST THE RIGHTS OF FOREIGN CITIZENS

Criminal lawyers specialized in crimes against the rights of foreign nationals

Crimes against the rights of foreign citizens are regulated in art. 318 bis of the Penal Code, which punishes the following conducts with a fine of 3 to 12 months or imprisonment of 3 months to 1 year:

  1. Assisting a person who is not a national of a member state of the European Union, intentionally, to enter Spain in breach of the legislation on entry or transit of foreigners. These acts do not constitute a crime if the objective pursued by the perpetrator is to provide humanitarian aid. If the perpetrator acts for profit, the penalty is imposed in its upper half. In addition, the prison sentence is increased (from 4 to 8 years) if the acts are committed within an organization dedicated to committing these crimes or if the lives of the victims have been endangered.
  2. Helping, for profit, a person who is not a national of a Member State of the European Union, to remain in Spain, in violation of the legislation on the stay of foreigners.

The Courts may impose a penalty lower in degree than those previously indicated, taking into account the seriousness of the act, the circumstances of the guilty party and the purpose pursued by the latter.

Finally, legal persons may be criminally liable for these offenses against the rights of foreign citizens, in which case they will be subject to a fine of 2 to 5 years or three to five times the amount of the benefit obtained. Likewise, the Judge may impose the penalties of dissolution, suspension of activities, closure of premises, prohibition to carry out activities in the future, special disqualification to obtain subsidies and public aid and judicial intervention.

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