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جريمة تهريب المهاجرين في ظل قانون الهجرة غير الشرعية وتهريب المهاجرين رقم 82 لسنة 2016

العنوان بلغة أخرى: The Crime of Smuggling Migrants under the Illegal Immigration and Smuggling of Migrants Act No. 82 of 2016
المصدر: مجلة البحوث الفقهية والقانونية
الناشر: جامعة الأزهر - كلية الشريعة والقانون بدمنهور
المؤلف الرئيسي: الخلفی، عادل محمود على إبراهیم (مؤلف)
المجلد/العدد: ع33, ج1
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2018
التاريخ الهجري: 1440
الصفحات: 399 - 442
DOI: 10.21608/JLR.2018.55219
ISSN: 1110-3779
رقم MD: 1028623
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: IslamicInfo
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المستخلص: The importance of the subject: The importance of the subject under study is in its security dimension. In light of the world and the diversity of their forms of regular migration and irregular migration. The security measures taken to stop this march, as well as the growing current international conditions and changes, the repercussions of globalization, the increasing international attention to issues of migration, development and security, and the increasing migration flows in today's international attention to the human rights of migrants, have led to the increasing interest of national governments and international and regional organizations in the issue of smuggling of migrants. The most important security issues. In view of the seriousness of the crime of smuggling migrants and the violation of the law of the countries of origin and reception, the study of this subject dealt with the search for ways to deal with the crime of smuggling of migrants in the framework of strict respect for human rights and dignity, and I have introduced the texts and comment on them to know the extent of its adequacy in the face of crime - - or not, depending on the descriptive analytical approach that is interested in describing the phenomenon and presentation through the analysis of legal texts and review with the description of the phenomenon in various dimensions of international and internal. I have presented the subject under the following plan: The first topic:- The crime of the smuggling of migrants. The first requirement: Definition of the crime of smuggling migrants The second requirement: The characteristics of the crime of smuggling migrants Third:- Distinguish between smuggling of migrants and suspected concepts The second topic:- Elements of the crime of smuggling of migrants and the penalty prescribed for the crime The first requirement: - Elements of the crime of smuggling migrants The second requirement: The penalty prescribed for the crime of smuggling migrants After the presentation of this crime through the previous pages we reached several results, including: * The spread of the crime of smuggling of migrants is alarming and requires rapid intervention by all concerned authorities and authorities, both at the regional level and at the international level, and the Egyptian legislator did well by passing the law on illegal immigration and smuggling of migrants. * Organized smuggling of migrants by organized criminal gangs, with many risks both during the journey and through means of arrival or even upon arrival * Smuggling of migrants may affect the level of national employment in receiving countries, which often results in the spread of unemployment in the receiving State. * The Egyptian legislator excluded from signing any sanctions despite the objection of some jurisprudence and his desire to include penalties and punishment in the case of oud, but nevertheless did not consider him a victim, as did the protocol on the smuggling of migrants. * The Egyptian legislator is called the crime of smuggling migrants and we see it as better called smuggling of human beings. * Ways of international cooperation between States should be devised so that appropriate measures can be taken to reduce or eliminate the phenomenon.

ISSN: 1110-3779