# C_2008018EN.01000101.xml

| 24.1.2008 | EN | Official Journal of the European Union | C 18/1 |
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24.1.2008

EN

Official Journal of the European Union

C 18/1

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Notifications under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

Penalties in accordance with national law for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours — Article 4(3)

(2008/C 18/01)

BELGIUM

These penalties are foreseen in Article 3 of the Law of 25 April 2007, modifying the Law of 15 December 1980 on the access to the territory, stay, establishment and return of the foreigners. The law has been published in the Moniteur Belge of 10 May 2007 and introduces a new Article 4 bis in the law of 15 December 1980.

Moniteur Belge

These modifications have not yet entered into force. Article 48 of the said law foresees they should enter into force on the date to be fixed by the King and on the first day of the thirteenth month following the month on which it was published in the Moniteur Belge at the latest.

Moniteur Belge

‘Section 4a.

1.   At external borders within the meaning of international agreements on crossing of external borders which are binding on Belgium or European legislation, entry to and exit from the Kingdom must be only at authorised border-crossing points and during the fixed opening hours as indicated by such border-crossing points.

2.   Non-nationals must volunteer travel documents when entering or leaving the Kingdom.

3.   A non-national who breaches the obligation mentioned in paragraph 1 may be fined EUR 200 by the Minister or his representative.

If the breach of the obligation set out in paragraph 1 is due to negligence by the carrier, the carrier and the non-national shall be jointly and severally liable for payment of the fine.

The decision imposing the administrative fine shall be immediately enforceable, notwithstanding any appeal.

The legal person shall be civilly liable for payment of the administrative fine imposed on its managers, executives, employees or agents.

The administrative fine may be paid by a deposit of the amount owing at the Deposit and Consignment Office (Caisse des Dépôts et Consignations).

4.   A non-national or a carrier who wishes to challenge the decision by the Minister or his representative must apply to the Court of First Instance within one month of being notified of the decision.

If the Court of First Instance considers the appeal to be admissible and well founded, the amount paid or deposited shall be repaid.

The Court of First Instance must rule within one month starting from the date of the written application referred to in the first subparagraph.

The text of the first subparagraph shall be included in the decision imposing the administrative fine.

5.   If the non-national or the carrier fails to pay the fine, the decision of the competent official or the Court of First Instance judgment which has become res judicata shall be notified to the Administration du Cadastre, de l'Enregistrement et des Domaines, with a view to recovery of the administrative fine.

6.   If the non-national, the carrier or his representative deposited the amount of the administrative fine at the Deposit and Consignment Office, and if no appeal is made to the Court of First Instance within the above time limit, the deposited sum shall become the property of the State.’

BULGARIA

According to the Article 279(1) of the Criminal Code, ‘Any person who enters or leaves the country by crossing the border without authorisation from the Government service responsible or who does hold such authorisation but crosses the border at a location not designated for this purpose shall be punishable by imprisonment for a term of up to five years and by a fine of not less than one hundred and not more than BGN 300’.

Recidivism is an aggravating circumstance. In the case of recidivism the offence carries a penalty of one to six years' imprisonment and a fine of BGN 100 to BGN 300.

CZECH REPUBLIC

The Czech Republic has introduced into its legislation penalties for unauthorised border crossing of external borders at places other than border crossing points or at times other than the fixed opening hours. These penalties are listed in § 157 Act No 326/1999 Coll., on the Stay of Aliens in the Territory of the Czech Republic.

§ 157

(1)   An alien will commit an offence if he/she:

| a) | crosses the State border at place other than border crossing point; |
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a)

crosses the State border at place other than border crossing point;

| b) | misuses a travel document (§ 108) that has been issued to another alien or a travel document that has been issued pursuant to special legal regulation (provisions 21); |
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b)

misuses a travel document (§ 108) that has been issued to another alien or a travel document that has been issued pursuant to special legal regulation (provisions 21);

| c) | avoids residence control or border check; |
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c)

avoids residence control or border check;

| n) | crosses the State border via a border crossing point at times other than the fixed opening hours or in a conflict with the purpose of the border crossing point; |
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n)

crosses the State border via a border crossing point at times other than the fixed opening hours or in a conflict with the purpose of the border crossing point;

(2)   A penalty of up to CZK 10 000 can be imposed for any of the offences specified in subsection (1)(a) through (1)(e); a penalty of up to CZK 5 000 can be imposed for any of the offences specified in subsection (1)(f) through (1)(n); and a penalty of up to CZK 3 000 can be imposed for any of the offences specified in subsection (1)(o) through (1)(w).

DENMARK

Under Section 38(3) of the Aliens Act, entry into and departure from a country which has not acceded to the Schengen Agreement may generally occur only at approved border-crossing points during their opening hours.

Under Section 59(1), point 1, an alien who enters without passing through passport control or outside the opening hours of a border crossing point is liable to a fine or imprisonment of up to six months.

GERMANY

Section 98(3)(2), read in conjunction with Sections 13(1) and 98(5), of the Residence Act.

Section 98 — Provisions on fines

(1)   It is an administrative offence to commit any of the acts described in Sections 95(1)(1) or (2) or 95(2)(1)(b) as a result of negligence.

(2)   It is an administrative offence:

| 1. | not to carry an identity document contrary to the first sentence of Section 4(5), |
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1.

not to carry an identity document contrary to the first sentence of Section 4(5),

| 2. | to refuse to submit to police checks when crossing a border, contrary to the second sentence of Section 13(1), or |
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2.

to refuse to submit to police checks when crossing a border, contrary to the second sentence of Section 13(1), or

| 3. | to fail to produce, hand over and temporarily give up a document or paper indicated in Section 48(1) or the first sentence of Section 48(3), or to fail to do so in time. |
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3.

to fail to produce, hand over and temporarily give up a document or paper indicated in Section 48(1) or the first sentence of Section 48(3), or to fail to do so in time.

(3)   It is an administrative offence wilfully or as a result of negligence:

| 1. | to contravene an enforceable order under the second sentence of Section 12(2) or under Section 12(4) or a territorial restriction under Section 54a(2) or the first sentence of Section 61(1), |
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1.

to contravene an enforceable order under the second sentence of Section 12(2) or under Section 12(4) or a territorial restriction under Section 54a(2) or the first sentence of Section 61(1),

| 2. | to enter or leave the country at any place other than an authorised border crossing point or outside the fixed opening hours or to fail to carry a passport or travel document issued in lieu of a passport, contrary to Section 13(1), |
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2.

to enter or leave the country at any place other than an authorised border crossing point or outside the fixed opening hours or to fail to carry a passport or travel document issued in lieu of a passport, contrary to Section 13(1),

| 3. | to contravene an enforceable order under Section 46(1), the second sentence of Section 54a(1), 54a (3) or the second sentence of Section 61(1), |
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3.

to contravene an enforceable order under Section 46(1), the second sentence of Section 54a(1), 54a (3) or the second sentence of Section 61(1),

| 3a. | to fail to register, register incorrectly or be late in registering contrary to the first sentence of Section 54a(1), |
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3a.

to fail to register, register incorrectly or be late in registering contrary to the first sentence of Section 54a(1),

| 4. | to fail to submit any application required under Section 80(4), or |
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4.

to fail to submit any application required under Section 80(4), or

| 5. | to fail to comply with statutory orders under Section 99(1)(7) or (10) insofar as such statutory orders make reference to this provision on administrative fines for a particular event. |
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5.

to fail to comply with statutory orders under Section 99(1)(7) or (10) insofar as such statutory orders make reference to this provision on administrative fines for a particular event.

(4)   Any attempt to commit the administrative offences described in subsections 2(2) and 3(2) is punishable.

(5)   Contraventions shall be punishable in the cases covered by Subsection 2(2) by a fine not exceeding EUR 5 000, in the cases covered by subsections 1, 2(1) and (3) and 3(2) by a fine not exceeding EUR 3 000 and in all other cases by a fine not exceeding EUR 1 000.

(6)   This shall be without prejudice to Article 31(1) of the Convention on the Status of Refugees.

Section 13 — Crossing the border

(1)   Unless other legislation or international agreements provide otherwise, entry into and departure from Federal territory of Germany may take place only at authorised border crossing points and within the fixed opening hours. On entry and on departure, non-nationals shall carry a recognised and valid passport or travel document issued in lieu of a passport in accordance with Section 3(1) and shall submit to police checks of cross-border traffic.

(2)   A non-national shall not be deemed to have entered the country at an authorised crossing point until he has crossed the border and passed the border crossing point. Where the authorities conducting the police checks on cross-border traffic allow a non-national to pass the border crossing point for a specific temporary purpose before a decision is taken to refuse entry (Section 15 of this Act, Sections 18 and 18a of the Asylum Procedures Act) or during the preparation, establishment or implementation of this measure, the non-national shall not be deemed to have entered the country within the meaning of the first sentence as long as the authorities are able to monitor his stay. For the rest, a non-national shall be deemed to have entered the country when he crosses the border.

ESTONIA

Illegal crossing of State border or temporary border line of the Republic of Estonia is punishable according to Article 258 of the Penal Code (published in the Riigi Teataja (State Gazette) I 2001, 61, 364; 2007, 2, 7).

Riigi Teataja

The Penal Code

§ 258. Illegal crossing of State border or temporary border line of Republic of Estonia

(1)   Illegal crossing of the State border or temporary border line of the Republic of Estonia, if committed:

| 1) | in disregard of a stop signal or order given by a Border Guard official; |
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1)

in disregard of a stop signal or order given by a Border Guard official;

| 2) | by a group; |
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2)

by a group;

| 3) | by a means of transport in a location not intended for crossing; |
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3)

by a means of transport in a location not intended for crossing;

| 4) | and a punishment for a misdemeanour has been imposed on the offender for the same act is punishable by a pecuniary punishment or up to one year of imprisonment. |
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4)

and a punishment for a misdemeanour has been imposed on the offender for the same act is punishable by a pecuniary punishment or up to one year of imprisonment.

(2)   The same act, if committed:

| 1) | by using violence, or |
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1)

by using violence, or

| 2) | by causing serious damage to health; |
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2)

by causing serious damage to health;

is punishable by 4 to 12 years' imprisonment.

For violation of border regime as well as illegal crossing of State border or temporary border line of the Republic of Estonia penalties are stipulated by Articles 17 (1) to 17 (2) of the State Borders Act (published in the Riigi Teataja (State Gazette) I 1994, 54, 902; 2006, 26, 191):

Riigi Teataja

§ 17. Violation of border regime

Violation of the border regime is punishable by a fine of up to 200 fine units.

§ 17. Illegal crossing of State border or temporary border line of Republic of Estonia

Illegal crossing of the State border or a temporary border line of the Republic of Estonia is punishable by a fine of up to 200 fine units.

GREECE

Article 83 of Law 3386/2005 provides for the imposition of penalties for the illegal crossing of borders. Third country nationals who enter or attempt to enter Greek territory without complying with the legal formalities are punishable by a term of imprisonment of at least three months and a fine of EUR 1 500.

SPAIN

Spanish Law regulates such situations and provides for appropriate penalties in the following texts.

1)   Foreign nationals detained when trying to enter the country illegally at an unauthorised border crossing point or at times other than the fixed opening hours.

In such situations, Article 58 of Organic Law 14/2003 of 20 November 2003 amending Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreign nationals in Spain and their social integration, as amended by Organic Law 8/2000 of 22 December 2000, provides for the legal construct of refoulement; this is deemed to be the penalty applicable to situations in which foreign nationals seek to enter the country illegally within the meaning of Article 157 1(B) of Royal Decree 2393/2004, that is, foreign nationals intercepted at or in the vicinity of the border.

Refoulement of foreign nationals consists in returning the persons concerned to their country of origin or the country from which they have arrived, using an administrative procedure that is different from and faster than that used for deportation.

2)   Foreign nationals who have entered the country illegally and are intercepted inside Spanish territory:

Under Article 53 of Organic Law 14/2003, this is an offence punishable by deportation from Spanish territory, pursuant to Article 57 of the same law.

FRANCE

French legislation related to those sanctions is provided under the articles L. 621-1 and L.621-2 and R. 621-1 of the CEDESA (Code de l'entrée et du séjour des étrangers et du droit d'asile), that is generally intended to the case of the third-State national who did not comply with the conditions of entry and stay on the French territory.

Code de l'entrée et du séjour des étrangers et du droit d'asile

Those articles provide an imprisonment penalty of one year and a fine of EUR 3 750. Moreover, the foreigner convicted may be subject to an interdiction of territory for a maximal period of one year.

ITALY

The law 24 July 1930 No 1278, Article 1 punishes whoever leaves the country outside authorised border crossing points to avoid controls with a single ‘sanction’ though in possession of passport or equivalent document.

Law No 1185/67 regulating the issue of passports provides in Article 24, administrative sanctions for whoever leaves the national territory without a valid passport or other equivalent document (clandestine expatriation).

This article also provides two aggravating circumstances:

| — | expatriation without valid documents if the passport had been denied or withdrawn, |
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—

expatriation without valid documents if the passport had been denied or withdrawn,

| — | expatriation without valid documents if the person doesn't comply with the conditions for expatriation, punished with arrest or administrative sanction. |
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—

expatriation without valid documents if the person doesn't comply with the conditions for expatriation, punished with arrest or administrative sanction.

CYPRUS

The Aliens and Immigration Law (L.178 (I)/2004), Cap. 105, section 19(2), provides that any immigrant who unauthorised entering into the Republic of Cyprus shall be guilty of an offence and shall, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand pounds or to both such imprisonment and fine, unless he proves:

| (a) | that he lawfully entered into Republic before the commencement of this Law, |
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(a)

that he lawfully entered into Republic before the commencement of this Law,

| (b) | that, having entered into Republic by air and not being a person who had previously been held to be a prohibited immigrant, he was proceeding to present himself to the nearest immigration officer, |
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(b)

that, having entered into Republic by air and not being a person who had previously been held to be a prohibited immigrant, he was proceeding to present himself to the nearest immigration officer,

| (c) | that he holds a license or permit granted under this Law or any Regulations made there under or some other Law, to remain in the Republic, or |
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(c)

that he holds a license or permit granted under this Law or any Regulations made there under or some other Law, to remain in the Republic, or

| (d) | that, his license or permit having expired or been revoked, he has not had a reasonable opportunity to leave the Republic. |
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(d)

that, his license or permit having expired or been revoked, he has not had a reasonable opportunity to leave the Republic.

LATVIA

Article 194 of Administrative Offence Code of the Republic of Latvia foresees, that for breach of State border, border area, borderland, border control or border crossing point laws a fine up to LVL 150 is imposed or administrative custody up to 15 days may be applied.

For intentional illegal crossing of the State border a fine from LVL 50 to LVL 250 is imposed.

Article 284 of Criminal Law of the Republic of Latvia determines that for a person who again intentionally illegally crosses the State border within a period of one year, the applicable sentence is deprivation of liberty for a term not exceeding three years, or custodial arrest, or a fine not exceeding 60 times the minimum monthly wage.

LITHUANIA

Sanctions on illegal border crossing depending on the severity of the offence vary from LTL 250 to LTL 500 or up to two years imprisonment.

If illegal crossing of the State border is related to smuggling in human beings then depending on the severity of the offence sanctions can reach up to 10 years imprison.

Extract from the Code of Administrative Offences of the Republic of Lithuania

Article 205(2). Illegal crossing of the State border through negligence:

A fine from LTL 250 up to LTL 500 shall be imposed for illegal crossing of the border through negligence.

Extracts from the Penal Code:

Article 291. Illegal crossing of the State border

1.   A person, who has crossed the State border illegally, shall be punished by a fine, or arrested, or imprisoned for up to two years.

2.   An alien, who has entered the Republic of Lithuania illegally with the aim of applying for asylum, shall be excused criminal liability referred to in paragraph 1 of this Article.

3.   An alien, who has committed an act provided for in paragraph 1 of this Article with the aim of entering illegally a third country from the territory of the Republic of Lithuania, shall be excused criminal liability referred to in paragraph 1 of this Article if following the established order he/she is removed from the Republic of Lithuania either to the country, from the  territory of which he/she illegally crossed the State border of the Republic of Lithuania, or to the country he/she is a national of.

Article 292. Illegal smuggling of persons across the State border

1.   A person, who illegally transported an alien without a permanent place of residence in the Republic of Lithuania across the State border of the Republic of Lithuania, or transported or harboured an alien, who had illegally crossed the State border of the Republic of Lithuania, in the territory of the Republic of Lithuania, shall be punished by a fine, or arrest, or imprisonment for up to six years.

2.   A penalty of imprisonment up to eight years shall be imposed on a person, who committed the act referred to  in paragraph 1 of this Article, for immoral motives or if the act endangers life.

3.   A penalty of imprisonment from four up to 10 years shall be imposed on a person for organisation of the acts referred to in paragraph 1 of this Article.

4.   A legal person shall be liable for the acts stipulated in this Article.

LUXEMBOURG

As the only external border in Luxembourg is the airport, Luxembourg has not foreseen sanctions in this respect.

HUNGARY

Persons who enter the national territory illegally commit administrative offence.

An expulsion and prohibition of entry and stay or an independent prohibition of entry and stay can be ordered as an administrative sanction in the aliens policing procedure against a foreigner who has violated or attempted to violate the rules of entry and exit.

Apart from that, a fine of a maximum of HUF 100 000 may be imposed by the authority dealing with administrative offences on a foreigner who crosses the State border of the Republic of Hungary without authorisation or in a manner not authorised. Furthermore the stay of an expelled foreigner in the territory of Hungary without permission qualifies as a misdemeanour punishable with up to one year of imprisonment under our criminal law.

Legislation referred to:

| — | Act XXXIX of 2001 on the Entry and Stay of Foreigners (hereinafter: ESF), Section 32, Subsection 2, Point a); |
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—

Act XXXIX of 2001 on the Entry and Stay of Foreigners (hereinafter: ESF), Section 32, Subsection 2, Point a);

| — | Act IV of 1978 on the Criminal Code (hereinafter: CrC), Section 214; |
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—

Act IV of 1978 on the Criminal Code (hereinafter: CrC), Section 214;

| — | Government decree No 218/1999 on Administrative Offences, Section 22, Subsection 1. |
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—

Government decree No 218/1999 on Administrative Offences, Section 22, Subsection 1.

Persons, who are involved in assist/facilitate the illegal entry/exit commit criminal offence.

Facilitation of unauthorised border crossing is a crime and punishable by imprisonment up to three years.

The punishment is up to five years imprisonment if the facilitator acts for financial gains or facilitates more than one person.

The punishment is two to eight years of imprisonment if the facilitator uses inhuman treatment or the facilitators are armed or the facilitator provides assistance for illegal border crossing in a business like manner.

Preparation for facilitation of illegal border crossing is also a crime und punishable by up to two years imprisonment.

An expulsion for aliens policing purposes shall be ordered against the foreigner who organises or facilitates the illegal entry or exit (crossing the border) or stay of persons or groups or is engaged in smuggling of persons, moreover an expulsion for aliens policing purposes may be ordered against the foreigner whose entry and stay violates or poses a threat to public security.

Legislation referred to:

| — | CrC Section 218, People-Smuggling. |
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—

CrC Section 218, People-Smuggling.

MALTA

It is pertinent to note that Article 5(1) of the Immigration Act (Cap. 217) specifies that:

‘Any person, other than one having the right of entry, or of entry and residence, or of movement or transit under the preceding parts, may be refused entry, and if he lands or is in Malta without leave from the Principal Immigration Officer, he shall be a prohibited immigrant.’

Furthermore, Article 32 of the Immigration Act States:

‘Any person who contravenes any provision of this Act in respect of which an offence is not established under any other Article of this Act shall be guilty of an offence and shall be liable, on conviction by the Court of Magistrates, to a fine not exceeding MTL 5 000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment unless a greater punishment is established for such offence by another law.’

THE NETHERLANDS

Section 108(1) of Aliens Act in conjunction with section 46(2) specifies that infringements or acting in conflict with the requirement will be punishable by a maximum of six months' imprisonment or a monetary fine in category 2. Monetary fines in category 4 are up to a maximum of EUR 16 750.

The requirement to cross the border at a border entry point can be found in Article 4.4, Aliens Decree (Vreemdelingenbesluit).

Vreemdelingenbesluit

Section 108(1), (2) and (3), Aliens Act 2000

| 1. | Infringement of a condition established under or by virtue of sections 5.1, 5.2, 46.2 (preamble and at b), and acting in conflict with section 56.1, acting in conflict with an obligation imposed under or by virtue of section 6.1, 54, 55, 57.1, 58.1, or 65.3 will be punishable by a maximum of six months' imprisonment or a monetary penalty in category 2. |
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1.

Infringement of a condition established under or by virtue of sections 5.1, 5.2, 46.2 (preamble and at b), and acting in conflict with section 56.1, acting in conflict with an obligation imposed under or by virtue of section 6.1, 54, 55, 57.1, 58.1, or 65.3 will be punishable by a maximum of six months' imprisonment or a monetary penalty in category 2.

| 2. | Infringement of a condition imposed under or by virtue of section 4.1 or 4.2 will be punishable by a maximum of six months' imprisonment or a monetary penalty in category 4. |
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2.

Infringement of a condition imposed under or by virtue of section 4.1 or 4.2 will be punishable by a maximum of six months' imprisonment or a monetary penalty in category 4.

| 3. | The crimes specified in paragraphs 1 and 2 are regarded as offences. |
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3.

The crimes specified in paragraphs 1 and 2 are regarded as offences.

AUSTRIA

Without prejudice to the exceptions provided for in (2) or to their international protection obligations, Article 4 (3) of the Schengen Borders Code requires Member States to introduce penalties, in accordance with their national law, for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours. These penalties shall be effective, proportionate and dissuasive.

§ 120 of the Federal Austrian Act on the deployment of aliens police, the issue of documents for aliens and the issue of entry documents (Alien Police Act 2005 — FPG), Federal Austrian Law Gazette I No 100/2005

Unauthorised residence

(1)   Any foreign citizen who

| 1. | enters the territory of the Federal Republic of Austria illegitimately or |
| --- | --- |

1.

enters the territory of the Federal Republic of Austria illegitimately or

| 2. | remains in the territory of the Federal Republic of Austria illegitimately, commits an administrative offence and is subject to a financial penalty of up to EUR 2 180 or, in the event of default thereon, to up to three weeks' imprisonment. The point of entry or the last known place of residence shall be treated as the scene of the crime; where entry is made by means of public transport, it shall be the closest alighting point at which it is possible, according to the transport company's timetable, to disembark from the mode of public transport. |
| --- | --- |

2.

remains in the territory of the Federal Republic of Austria illegitimately, commits an administrative offence and is subject to a financial penalty of up to EUR 2 180 or, in the event of default thereon, to up to three weeks' imprisonment. The point of entry or the last known place of residence shall be treated as the scene of the crime; where entry is made by means of public transport, it shall be the closest alighting point at which it is possible, according to the transport company's timetable, to disembark from the mode of public transport.

(2)   Anyone who commits the offence as per (1) although he/she has already been punished with final and binding effect for a similar offence, shall be subject to a fine of up to EUR 4 360 or, in the event of default thereon, of up to six weeks' imprisonment.

(3)   An administrative offence as per (1) (2) shall not exist,

| 1. | if exit were possible only to a country to which deportation is not allowed by § 50; |
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1.

if exit were possible only to a country to which deportation is not allowed by § 50;

| 2. | if deportation of an alien has been postponed; |
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2.

if deportation of an alien has been postponed;

| 3. | in cases of residence of a third country national beneficiary of the EC law on free movement (without visa) or |
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3.

in cases of residence of a third country national beneficiary of the EC law on free movement (without visa) or

| 4. | while the alien is denied his/her personal liberty. |
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4.

while the alien is denied his/her personal liberty.

(4)   Sanction in accordance with (1) (2) shall exclude any such in respect of the administrative offence committed in accordance with (1) (1) at the same time.

(5)   An administrative offence in accordance with (1) shall not exist if the alien has made an application for international protection and he/she has been recognised as having the right to asylum or as being entitled to subsidiary protection in Austria. The administrative penalty procedure shall be suspended while the asylum procedure is in progress.

§ 16 Federal Austrian Act governing the conduct of passport controls at border crossings (Border Controls Act — GrekoG), Federal Austrian Law Gazette 1996/435 in the version of Federal Austrian Law Gazette 2004/151:

Criminal provisions

(1)   Any person who

| 1. | removes, conceals or amends one of those signs provided for in § 5 without authorisation or |
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1.

removes, conceals or amends one of those signs provided for in § 5 without authorisation or

| 2. | crosses the border in infringement of the specification set down in § 10 or |
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2.

crosses the border in infringement of the specification set down in § 10 or

| 3. | as a party subject to border controls, evades border controls or |
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3.

as a party subject to border controls, evades border controls or

| 4. | intends to make or has made a border crossing which is subject to border controls and does not abide by those routes provided for border crossings or |
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4.

intends to make or has made a border crossing which is subject to border controls and does not abide by those routes provided for border crossings or

| 5. | in spite of a reminder, refuses to provide information on whether he/she has made or intends to make a border crossing or provides this information untruthfully or |
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5.

in spite of a reminder, refuses to provide information on whether he/she has made or intends to make a border crossing or provides this information untruthfully or

| 6. | in spite of a request to refrain, fails to comply with an arrangement made in accordance with § 11(2)(3) and consequently is responsible for a disruption of border controls or for a delay to a mode of transport operating in accordance with the timetable, |
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6.

in spite of a request to refrain, fails to comply with an arrangement made in accordance with § 11(2)(3) and consequently is responsible for a disruption of border controls or for a delay to a mode of transport operating in accordance with the timetable,

shall, provided the deed does not fulfil the conditions for a criminal offence falling within the competence of the courts or is subject under a different legal specification to the threat of a penalty of the same or greater severity, be guilty of an administrative offence and subject to sanction by the regional administrative authorities or, in the local sphere of influence of a federal police authority, in the form of a fine of up to EUR 2 180 or of a period of up to six weeks' imprisonment. Except in the cases of items 5 and 6, the intent is subject to sanction.

(2)   (1) (5) shall not apply if the party subject to the obligation to provide information refuses to provide information or provides this information untruthfully because otherwise he/she would incriminate him/herself in respect of a punishable offence.

POLAND

In Poland such penalties are introduced and specified in Article 264 of the Polish Penal Code. They are penalties concerning persons who illegally cross the Polish border.

Such persons can be punished in three different ways: fine, restriction of freedom or imprisonment for up to two years.

If a person crosses the Polish border illegally using violence, threat, by deceit or with cooperation with other persons he or she is liable to a penalty of imprisonment of up to three years.

If a person organises an illegal border crossing he or she is liable to a penalty of six months up to eight years.

PORTUGAL

Article 9 of Decree-Law 244/98 of 8 August 1998 stipulates that ‘Anyone entering or leaving Portuguese territory shall do so using the border crossing points designated for that purpose and during their opening hours, without prejudice to the provisions on the free movement of persons laid down in the Convention Implementing the Schengen Agreement’.

Article 136(1) of the same Decree-Law stipulates that ‘the entry of aliens into Portuguese territory in violation of Article 9 is deemed unlawful’.

Article 148(2) stipulates that ‘failure to comply with Article 9 is punishable by a fine of EUR 200 to EUR 400’.

ROMANIA

Article 70, al.1 of the GEO No 105/2001 on Romanian State border provides that:

‘Entry or exit the country by illegally crossing the State border represents a crime and is punishable with prison from three months to two years.

If the deed mentioned above was realised with the purpose of escaping a correction, the deed is punishable with prison from six months to three years. Attempt to commit the crimes foreseen is also punishable.’

SLOVENIA

Entry into the Republic of Slovenia is deemed to be illegal if aliens:

| — | enter the country even though they have been refused entry; |
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enter the country even though they have been refused entry;

| — | evade border control; |
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evade border control;

| — | use another person's, a forged or an otherwise modified travel or other document required for entry upon entry, or if they give false information to border control bodies (Article 11 Ztuj). |
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use another person's, a forged or an otherwise modified travel or other document required for entry upon entry, or if they give false information to border control bodies (Article 11 Ztuj).

A fine of between SIT 20 000 and 100 000 (EUR 83,46 and EUR 417,29) will be imposed on aliens committing an offence by entering the Republic of Slovenia illegally (Article 98 Ztuj).

A fine of a minimum of SIT 100 000 (EUR 417,29) will be imposed on natural persons committing an offence by crossing the State border outside a border crossing point or in contravention of the intended use of the border crossing point, outside of the operating hours or the area of the border crossing point (Article 43(1), third indent, State Border Control Act, Ur. l. RS No 20/2004).

Assisting aliens in unauthorised entry, transit or residence

Persons who enable or assist an alien to enter, reside in or transit the territory of the Republic of Slovenia may not act contrary to the provisions of the Act laying down the conditions of entry, residence or transit of aliens through the territory of the Republic of Slovenia (Articles 13a and 13b Ztuj).

Persons who enable or assist or who attempt to enable or assist aliens to enter, transit or reside in the territory of the Republic of Slovenia contrary to the preceding paragraph will be liable to a fine of between SIT 100 000 and 240 000 (EUR 417,20 and 1 001,5).

Legal entities which commit a violation as specified above will be liable to a fine of between SIT 500 000 and 1 000 000 (EUR 2 086,46 and EUR 4 172,93) and the responsible person of the legal entity to a fine of between SIT 150 000 and 300 000 (EUR 625,94 and EUR 1 251,88).

SLOVAKIA

Pursuant to Section 76 of Act No 48/2002 Coll. on the stay of aliens, unauthorised crossing of the State border is considered to be an infringement for which a fine of up to SKK 50 000 may be imposed (Section 76(2)). Any alien who has entered the territory of the Slovak Republic without authorisation will be administratively expelled by a police department and will be refused re-entry for a period of up to five years, one year being the minimum period (Section 57(1) of the Act on the stay of aliens).

On 1 January 2006 Act No 300/2005 Coll. (Criminal Code) entered into force; Section 354 of this Act (violent crossing of State borders) stipulates that ‘Whosoever crosses the State border by violence or threat of immediate violence shall be punished by a term of imprisonment of between three and eight years.’

Section 357 of the Criminal Code stipulates that ‘Whosoever enters the territory of the Slovak Republic by a means of air transport in breach of the provisions governing international flights shall be punished by a term of imprisonment of between six months and three years.’

Section 355 of the Criminal Code provides for a penalty to be imposed on persons committing the crime of human trafficking:

| — | Whosoever organises unauthorised crossing of the State border shall be punished by a term of imprisonment of between one and five years (Section 355(1); |
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Whosoever organises unauthorised crossing of the State border shall be punished by a term of imprisonment of between one and five years (Section 355(1);

| — | Whosoever organises unauthorised crossing of the State border with the intent to obtain financial or other material gain or whosoever produces, procures, provides or holds a false travel document or identity document for the purposes of unauthorised crossing of the State border shall be punished by a term of imprisonment of between three and eight years (Section 355(2)); |
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Whosoever organises unauthorised crossing of the State border with the intent to obtain financial or other material gain or whosoever produces, procures, provides or holds a false travel document or identity document for the purposes of unauthorised crossing of the State border shall be punished by a term of imprisonment of between three and eight years (Section 355(2));

| — | Acts for which the penalty imposed in respect of the above acts may be increased (up to 20 years' imprisonment) are referred to in Sections 355(3)-(5). |
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Acts for which the penalty imposed in respect of the above acts may be increased (up to 20 years' imprisonment) are referred to in Sections 355(3)-(5).

FINLAND

The Penal Code of Finland (39/1889) and its amendments Section 7 Border Offence (563/1998) specifies

(1)   A person who:

| (1) | crosses the border of Finland without a valid passport or another travel document, or otherwise than from a legal point of departure or to a legal point of arrival, or contrary to a statutory prohibition, or attempts the same, |
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(1)

crosses the border of Finland without a valid passport or another travel document, or otherwise than from a legal point of departure or to a legal point of arrival, or contrary to a statutory prohibition, or attempts the same,

| (2) | otherwise breaches the provisions on border crossing, or |
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(2)

otherwise breaches the provisions on border crossing, or

| (3) | without permission stays, moves or undertakes prohibited measures in the border zone, as referred in the Border Zone Act (403/1947)
  shall be sentenced for a border offence to a fine or imprisonment for a maximum of one year. |
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(3)

without permission stays, moves or undertakes prohibited measures in the border zone, as referred in the Border Zone Act (403/1947)

shall be sentenced for a border offence to a fine or imprisonment for a maximum of one year.

(2)   A foreigner who is refused entry or deported as a result of the act referred to in subsection 1 or a foreigner who seeks asylum or applies for a residence permit as a refugee in Finland shall not be sentenced for a border offence. A foreigner who has committed the act referred to in subsection 1 due to the fact that he/she has been subjected to trafficking in human beings referred to in chapter 25(3) or 25(3a) shall also not be sentenced for a border offence. (650/2004).

Section 7a — Petty border offence (756/2000)

Petty border offence (756/2000)

(1)   If the border offence, in view of the short duration of the unauthorised stay or movement, the nature of the prohibited act, or the other circumstances of the offence is petty when assessed as a whole, the offender shall be sentenced for a petty border offence to a fine.

(2)   The provisions in section 7(2) apply also to acts referred to in paragraph (1).

SWEDEN

Penalties are defined in Chapter 20, § 4 of the Aliens Act.

§

§ 4. An alien who deliberately crosses an external border within the meaning of the Schengen agreement in an illicit manner shall be liable to a fine or a custodial sentence of not more than one year.

ICELAND

A general penal provision is stipulated in Article 57 of the Act on Foreigners No 96/2002.

According to Paragraph 1 fines or imprisonment for up to six months shall be ordered if, inter alia, a person intentionally or negligently violates the provisions of the Act, or any rules, prohibition, order or condition laid down in accordance with the Act. Penalties for unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours will be based on this provision. These penalties, as well as others, shall be effective and dissuasive as well as proportionate.

inter alia

NORWAY

In Norway this is regulated by the Immigration Act (Act concerning the entry of foreign nationals into the Kingdom of Norway and their presences in the Realm of 24 June 1988 No 64) Section 47 first paragraph a), cf. Section 23 second paragraph, and the Border's Act (Act on various measures to implement marking and surveillance of the border of 14 July 1950 No 2) Section 4, cf. Section 3 first paragraph No 3, cf. Regulation of 7 November 1950 No 4 Section 4, c).

In the Immigration Act Section 47 regarding Penalties first paragraph it is stated:

Penalties

‘Any person will be liable to fines or to imprisonment for a term not exceeding six months or to both who:

| (a) | wilfully or negligently contravenes the present Act, or regulations, prohibitions, orders or conditions issued pursuant to the Act (...)’. |
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(a)

wilfully or negligently contravenes the present Act, or regulations, prohibitions, orders or conditions issued pursuant to the Act (...)’.

In the Immigration Act Section 23 regarding Border-crossing and border control second paragraph it is said:

‘Entry and exit shall take place at approved border crossing points unless otherwise provided (...)’.

Penalties according to the Border's Act

The Border's Act Section 4 regulates the penalties. It is stated that:

‘Any person who wilfully or negligently contravenes or cooperate in the contravention of provisions issued pursuant to the Act will be liable to fines or to imprisonment for a term not exceeding three months unless a more severe provision is applicable. An attempt is punished like a committed misdemeanour.

In the case of a repeated contravention or when there are several acts as mentioned in first paragraph or there are aggravating circumstances the penalty is fines or imprisonment for a term not exceeding one year.’

In the Border's Act Section 3 first paragraph No 3 it is stated that:

‘The King may for the whole or in part of the border issue provisions on prohibitions against:

(...)

| 3. | Crossing of the border by land, by sea or in the air without a permission of the relevant authority (...)’ |
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3.

Crossing of the border by land, by sea or in the air without a permission of the relevant authority (...)’

In the Regulation regarding various issues on the border of 7 November 1950 No 4, issued pursuant to the abovementioned Act, Section 4 c) it is stated:

‘At or by the border between Norway and the Soviet Union (Russia) it is prohibited to:

(...)

| b) | cross the border by land, by sea or in the air without permission from the Norwegian Border Commissioner for the Norwegian-Soviet (Russian) Border (...)’ |
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b)

cross the border by land, by sea or in the air without permission from the Norwegian Border Commissioner for the Norwegian-Soviet (Russian) Border (...)’

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