The Possibilities of Sanctions Outside the Field of Criminal Law in Connection with Migration

Abstract

The illegal behaviours attached to migration (border crossing without permission, falsifying public travel documents, illegal dwelling within the country) are realised in acts that pose little danger to society. With regard to this, if such acts are not connected to more serious crimes (human trafficking, crimes against person or crimes causing public danger that are committed by foreigners) then it can be justified to punish these acts outside the field of criminal law. One solution can be to introduce the statement of facts to another area of the law, thus to deter the adjudication of the criminal behaviours to other type of procedure for expediency. This article attempts to outline such possibilities based on the legislation of the member states of the European Union.