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Chapter III: FACILITATING IRREGULAR ENTRY, TRAVEL AND RESIDENCE

Article L823-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Subject to the exemptions provided for in Article L. 823-9, it is punishable by five years’ imprisonment and a fine of €30,000 for any person to facilitate or attempt to facilitate, by direct or indirect assistance, the unauthorised entry, movement or residence of a foreign national in France.The provisions of this article apply even when the acts are committed by a person in the territory of another State party to…

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Article L823-2 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Subject to the exemptions provided for in Article L. 823-9, it is punishable by five years’ imprisonment and a fine of €30,000 for any person to facilitate or attempt to facilitate the unlawful entry, movement or residence of a foreign national:1° On the territory of another State party to the Schengen Convention signed on 19 June 1990;2° On the territory of another State party to the Protocol against the Smuggling…

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Article L823-3 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The offences defined in articles L. 823-1 and L. 823-2 when the acts:1° Are committed as part of an organised gang;2° Are committed in circumstances that directly expose foreign nationals to an immediate risk of death or injury likely to result in permanent mutilation or disability;3° Have the effect of subjecting foreign nationals to living, transport, work or accommodation conditions that are incompatible with human dignity;4° Are committed by means…

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Article L823-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Physical persons convicted under articles L. 823-1, L. 823-2 or L. 823-3 incur the following additional penalties:1° A residence ban for a maximum of five years;2° Suspension of the driving licence for a maximum of five years; this period may be doubled in the event of a repeat offence;3° Temporary or permanent withdrawal of the administrative authorisation to operate either occasional or collective services, or a regular service, or an…

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Article L823-7 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Corporate entities held criminally liable, under the conditions set out in article 121-2 of the French Criminal Code, for the offences defined in articles L. 823-1, L. 823-2 and L. 823-3 of this Code shall incur, in addition to the fine in accordance with the terms of article 131-38 of the Criminal Code, the penalties provided for in 1° to 5°, 8° and 9° of article 131-39 of the same…

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Article L823-9 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Aiding the illegal movement or residence of a foreign national may not give rise to criminal proceedings under articles L. 823-1 or L. 823-2 when committed by :1° The foreign national’s ascendants or descendants, their spouse, the foreign national’s brothers and sisters or their spouse;2° The foreign national’s spouse, the person known to be living in a marital relationship with him or her, or the ascendants, descendants, brothers and sisters…

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Article L823-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

For the application of the second paragraph of article L. 823-1 and article L. 823-2, the illegal situation of the foreign national is assessed in the light of the legislation of the State party concerned. Furthermore, proceedings may only be brought against the offender on the basis of an official report or a certificate from the competent authorities of the State party concerned.No proceedings may be brought against a person…

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