Opinion of the Advocate General — ECLI:EU:C:2018:671
Date: 2018-09-06
Language of the case: German
Subject matter: Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Germany

summary, September 2015’, available at the following internet address. https://prod.emnbelgium.be/sites/default/files/publications/study_on_smuggling_of_migrants_executive_summary_english_271015_pdf_0.pdf (point 1.3.2). 63 The smuggling of migrants constitutes a criminal offence as provided for in Article 6(1)(a) of the Additional Protocol of the United Nations. According to Article 3(a) of that protocol, that offence is defined, in so far as concerns its material and mental elements, as the intentional procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident. 64 See Article 26(1)(a) (emphasis added). 65 See new provisions laid down in the context of Regulation 2017/2226, in particular recital 16 and Article 13(3) thereof.