THE EFFECTIVENESS OF CRIMINALIZATION PROVISIONS IN CONFRONTING THE PHENOMENON OF ILLEGAL MIGRATION IN LIGHT OF LAW NO. 24-06

Abstract

The Algerian legislator has established a comprehensive legal framework to combat the phenomenon of illegal migration pursuant to Law No. 24-06. This law has tightened the penalty for illegal departure from the national territory through the amendment introduced to Article 175 bis 01 of the Penal Code, making the punishment imprisonment from 06 months to 03 years in addition to a financial fine. It has also increased the penalty for the crime of migrant smuggling to imprisonment from 05 to 10 years. This crime takes the classification of a felony, with a prison sentence ranging from 10 to 20 years in the event that aggravating circumstances are present, such as the exploitation of a minor, endangering the lives of migrants, or its commission within an organized criminal group. This legal framework is further completed by imposing the obligation to report the crime of smuggling, under penalty of imprisonment from 01year to 05 years for those who fail to do so, while providing mitigating and exempting excuses from punishment for those who cooperate with the authorities through early reporting.