The purpose of the document is to, using the experiences and collected data from competent institutions and courts, offer a proposal for reform processes that need to be undertaken, as well as proposals for measures that can contribute to overcoming current challenges identified in the field of combating migrant smuggling – adopting and implementing standards of criminalization in accordance with the provisions of the Protocol against the Smuggling of Migrants by Land, Sea and Air, the position and protection of smuggled migrants within irregular movements, as well as strengthening the protection system as a significant factor in collecting quality evidence, all in order to support competent authorities in combating irregular migration on the territory of the Republic of Serbia. In this regard, the document will analyse the relevant normative framework, actions taken regarding migrant smuggling, i.e. non-compliance with regulations on lawful entry into the country or residence in the country, as well as the practice of courts regarding the criminal offense of illegal border crossing and human smuggling.
Through the analysis of legislative and strategic frameworks, institutional competences, and judicial practices, the aim is to understand the key aspects of the problem and identify effective strategies for combating migrant smuggling. This document can serve as a basis for making informed decisions and policies in the fight against migrant smuggling. Additionally, it can provide guidelines for further research and activities that will contribute to more effective suppression of this problem.