What are the consequences of organizing illegal migration
Illegal migration of foreign citizens is gaining significant scale, and actions related to illegal migration are justifiably classified by the state as criminally punishable, as they violate the order of the system of social relations in the field of human movement, deform and introduce elements of disorganization into the established rule of law.
The immediate object of the crime is social relations in which the management order ensuring the legality of migration within the Republic of Belarus is implemented.
The Prosecutor's Office of the Braslav District supported the state prosecution in the Braslav District Court in the criminal case against M. for committing crimes under part 2 of Article 371-1, part 1 of Article 14, part 1 of Article 431 of the Criminal Code, and against R., B., and R. for committing a crime under part 2 of Article 371-1 of the Criminal Code.
During the court investigation, it was established that M., R., B., and R., having the intent directed at committing criminal activities related to the illegal migration of foreign citizens, conspired and, acting out of selfish motives expressed in the desire to receive monetary funds for committing the specified criminal actions, while on the territory of the Minsk and Vitebsk regions on one of the days in February 2023, facilitated the illegal departure from the Republic of Belarus to the countries of the European Union, in violation of the established procedure and outside the established checkpoints of two citizens of the Kyrgyz Republic, who did not have the appropriate visas of the Schengen Agreement countries and intended to travel to the countries of the European Union in violation of the established procedure and outside the established checkpoints.
M., intending to bribe an official for a favorable resolution of issues within his competence and to perform actions in the interests of M. that he could carry out using his official powers, expressed in providing assistance in the illegal crossing of the State Border of the Republic of Belarus with the Republic of Lithuania by two citizens of the Kyrgyz Republic, repeatedly attempted to bribe the official, who was performing his official duties, by offering a pack of cigarettes with two cigarettes and a banknote of the Federal Reserve System of the United States with a denomination of 50 dollars, but was unable to complete his criminal intent due to circumstances beyond his control, namely, due to his arrest.
The actions of R., B., and R. were qualified by the prosecuting authority under part 2 of Article 371-1 of the Criminal Code of the Republic of Belarus – facilitating the illegal departure from the Republic of Belarus of foreign citizens (organizing illegal migration), committed by a group of persons by prior conspiracy.
The actions of M. in this case were qualified by the prosecuting authority under part 1 of Article 14, part 1 of Article 431 of the Criminal Code - attempted bribery and part 2 of Article 371-1 of the Criminal Code - facilitating the illegal departure from the Republic of Belarus of foreign citizens (organizing illegal migration), committed by a group of persons by prior conspiracy.
In the court session, M., R., B., and R. fully admitted their guilt in the crimes charged against them. In conjunction with the conclusions of expert examinations, protocols of operational-search activities, investigative actions, physical evidence, and other written materials of the case, thoroughly examined during the court investigation, the guilt of M., R., B., and R. in committing the crimes provided for in part 1 of Article 14, part 1 of Article 431, part 2 of Article 371-1 of the Criminal Code was proven in full.
Considering the position of the state prosecution, the court found R., B., and R. guilty of committing the crime provided for in part 2 of Article 371-1 of the Criminal Code and sentenced them to imprisonment for a term of 3 years with a fine of 7,400 rubles, while R. was granted a deferment of the imposed main punishment in the form of imprisonment for a term of 3 years, as well as an obligation to perform community service for 100 hours.
M. was found guilty by the court of committing crimes provided for in part 1 of Article 14, part 1 of Article 431, part 2 of Article 371-1 of the Criminal Code and was sentenced to imprisonment for a term of 3 years and 6 months with a fine of 18,500 rubles.
The defendants R. and B. filed appeals against the verdict of the Braslav District Court due to the inconsistency of the sentence imposed by the court with the severity of the crime and the personality of the defendants due to its strictness. By the appellate ruling of the Vitebsk Regional Court, the verdict of the Braslav District Court was left unchanged, and the appeals of the defendants were denied.
Senior Assistant Prosecutor
of the Braslav District E.S. Isakova