The Protocol against human smuggling by land, air and sea, which complements the UN Convention against Transnational Organized Crime, defines human smuggling as the facilitation of illegal entry of a person into a country of which they are not a legal or
In accordance with the international definition as seen in the Protocol against human smuggling by land, air and sea, the definition considers the UN Convention against Transnational Organized Crime, the Penal Code, (modified by Article 2 of Law 28950, published January 16, 2007), which typifies this conduct in the following way:
Article 303-A- Third-Degree Criminal Offense of Human Smuggling
He/she who promotes, favors, finances, or facilitates the illegal entrance in or leaving of a country by another person, with the direct or indirect objective of financial or other beneficial gain for him/herself or a third party, will be incarcerated for no less than four and no more than six years.
Article 303-B- Second-Degree Criminal Offense of Human Smuggling (Elevated Crime)
The jail sentence served will be no less than four and no more than eight years in accordance with Article 36. 1), 2), 3), 4), 5), of the Penal Code, when:
1. - The criminal agent is a government employee and commits the crime by abusing his/her power.
2. - The criminal agent is a promoter, employee, or representative of a social or business organization, and takes advantage of this condition in order to commit the crime.
3. - There exists more than one victim.
4. - The victim is between 14 and 18 years old, or has a mental or physical disability.
5. - The crime is committed by more than one person.
6. - The criminal is a spouse, cohabitant, adoptive parent, legal guardian, fourth degree blood relative or second degree family relative, is a caretaker of the victim for whatever motive, or lives with the victim in the same household.
First-Degree Criminal Offense of Human Smuggling (Elevated Crime), jail sentence no less than 25 years when:
- The crime involves the death of the victim, or serious injuries that affect the life and the safety of said migrant.
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