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)
Date: 2008-01-24
Institutions: European Commission
Subjects: EU Member State, Schengen Agreement, administrative formalities, border control, criminal law, external border of the EU, fine, foreign national

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IV

(Notices)

NOTICES FROM MEMBER STATES

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.

The legal person shall be civilly liable for payment of
the
administrative fine imposed on its managers, executives, employ-
ees 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).

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.

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.

‘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.

the Court of First

If
to be
admissible and well founded, the amount paid or deposited shall
be repaid.

Instance considers the appeal

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

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

travel documents when

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

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.

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

administrative

shall be

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.

If

the non-national,

the carrier or his

6.
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.’

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BULGARIA

Section 98 — Provisions on fines

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’.

In the case of
Recidivism is an aggravating circumstance.
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;

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)

n)

avoids residence control or border check;

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

(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.

2.

3.

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

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

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.

It is an administrative offence wilfully or as a result of

(3)
negligence:

1.

2.

3.

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),

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),

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 register, register

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

4.

5.

to fail to submit any application required under Sec-
tion 80(4), or

to comply with statutory orders under Sec-
to fail
tion 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
described in subsections 2(2) and 3(2) is punishable.

the administrative offences

(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.

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

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

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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).

The Penal Code

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

Illegal crossing of the State border or temporary border line

(1)
of the Republic of Estonia, if committed:

1)

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

2)

by a group;

3)

4)

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

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

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):

§ 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
appropriate penalties in the following texts.

and provides

for

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 De-
cree 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.

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FRANCE

LATVIA

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.

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.

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

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).

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.

This article also provides two aggravating circumstances:

— 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.

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).
negligence:

Illegal crossing of

the State border through

CYPRUS

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

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:

Extracts from the Penal Code:

Article 291. Illegal crossing of the State border

(a)

(b)

(c)

(d)

that he lawfully entered into Republic before the com-
mencement of this Law,

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.

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,

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.

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

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

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.

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Article 292. Illegal smuggling of persons across the State border

— Government decree No 218/1999 on Administrative

Offences, Section 22, Subsection 1.

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.

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.

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.

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.

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.

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.

HUNGARY

Legislation referred to:

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:

— 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:

— 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;

‘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.’

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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).

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

1.

2.

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.

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 catego-
ry 4.

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,
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.

in accordance with their national

law,

for

§ 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.

2.

enters the territory of
illegitimately or

the Federal Republic of Austria

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' imprison-
ment. 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;

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

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.

2.

3.

4.

5.

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

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

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

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

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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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
the same or greater severity, be guilty of an
penalty of
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.

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
the crimes
foreseen is also punishable.’

to commit

SLOVENIA

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

— enter the country even though they have been refused

entry;

— 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).

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.

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).

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’.

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).

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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 adminis-
tratively 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);

— 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
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));

identity document

for

— 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,

(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.

(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)

If the border offence, in view of the short duration of the
(1)
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.

24.1.2008

EN

Official Journal of the European Union

C 18/9

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:

‘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
issued

regulations, prohibitions, orders or conditions
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 (…)’.

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 (…)’

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:

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

(…)

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 (…)’