Criminal Code of Kosovo - Legislationline

6. When the offense provided for in paragraph 1, 2 or 3 of this Article is committed by a
perpetrator acting as a member of a group or in a manner that endangers, or is likely to
endanger, the lives or safety of the migrants concerned or in a manner that entails
inhuman or degrading treatment, including exploitation, of such migrants, the perpetrator
shall be punished by a fine and not less than five (5) years.
7. If the offense from paragraph 1, 2 or 3 of this Article results in death of one or more
persons, the perpetrator shall be punished by a fine and imprisonment of not less than ten
(10) years or life long imprisonment.
8. For the purposes of this Article expressions below have the following meaning:
8.1. Smuggling of migrants - any action with the intent to obtain, directly or
indirectly, a financial or other material benefit, from the illegal entry of a person
into the Republic of Kosovo, where such person is not a Republic of Kosovo
National, or a person who is a Republic of Kosovo National or a foreign national
into a State in which such person is not a permanent resident or a citizen of such
State.
8.2. Illegal entry - crossing a border or a boundary of the Republic of Kosovo
without complying with the necessary requirements for legal entry into the
Republic of Kosovo or crossing the borders of a State without complying with the
necessary requirements for legal entry into such State.
8.3. Fraudulent travel or identity document - any travel or identity document:
8.3.1. that has been falsely made or altered in some material way by any
person other than a person or agency lawfully authorized to make or issue
the travel or identity document;
8.3.2. that has been improperly issued or obtained through
misrepresentation, corruption or duress or in any other unlawful manner;
or
8.3.3. that is being used by a person other than the rightful holder.
9. A person is not criminally liable under this Article if he or she is a migrant who is the
object of the offense provided for in this Article.
10. Whoever abuses the visa liberalization regime with EU member States or the
Schengen Agreement shall be punished as follows:
10.1. whoever recruits, instigates, organizes, hides or transports a person in a EU
member state for the purpose of obtaining a social, economic, or other benefit or
right contrary to EU law, EU member State regulations, Schengen Agreement, or
international law shall punished by imprisonment of at least four (4) years;
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