Türk Ceza Kanunu’nda Göçmen Kaçakçılığı Suçu

Abstract

Since the earliest times of history, people go from one place to another individualistically or collectively with various reasons. The most important ones are economic reasons, desire to live in better conditions, wars and climate conditions. As a result, individuals compromised with the people or organizations that undertake this stuff for providing financial benefit, in order to go to the countries that they have determined as target countries. In this migration adventure, which is continued by illegal and mostly under inhumane conditions, the rights of individuals can be damaged and even death can occur. Since illegal immigration threatens international social order and state’s border security, itis aimed to preventthese problems through international conventions and additional protocols. As per the obligations of the international conventions and protocols, Turkish Penal Code No. 765’s Article 201/a and Turkish Penal Code No. 5237’s Article 79 which is titled under “International Crimes” are regulated. The purposes of the investigation of this crime are having a limited number of studies on the subject and setting one of the main agenda of our country in the last 5 years. Our study consists of the comparison of the crime of migrant smuggling that organized in the Turkish Penal Code No. 765 and numbered 5237 and the type of crime investigation.