GÖÇMEN KAÇAKÇILIĞI SUÇU (TCK m. 79)

The crime of migrant smuggling is regulated in TPC art. 79. Since our country can be a source, transit and destination country for the crime, this crime must be punished severely in order to protect public order. In the crime of migrant smuggling, the purpose of gaining material benefit should be regulated as a qualified case, and with the amendment to be made to the law, this special intent should not be sought in the basic form of the crime. It is still being discussed whether migrants are victims of crime or not. It is understood that migrants are not actually victims, but penalties to be given to the perpetrator should be increased significantly according to the number of migrants. Those who commit the crime of migrant smuggling as an organization should be punished for both the crime of establishing and being a member of the organization and the crime of migrant smuggling, and the tools used in the crime and the economic gains obtained from the crime should be confiscated.