On Thursday, 5 October, the Saeima passed in the second and final reading urgent amendments to the Criminal Law, intensifying criminal liability for illegal moving of a person across the state border.

Both the minimum and maximum penalties for such an offence have been increased, making it punishable by up to three years' imprisonment, probationary supervision, or a fine. The amendments exclude community service as an alternative penalty to imprisonment because, as noted in the explanatory note to the draft law, this form of punishment is insufficient to deter individuals from committing such an offence.

The amendments also entail increased criminal liability for illegal moving of a person across the state border during a period of reinforced border security or a state of emergency declared due to a threat to the inviolability of the state border. This will be punishable by imprisonment of two to ten years, with or without property confiscation, and with or without probationary supervision for up to three years.

As stated in the explanatory note to the draft law, due to the hybrid attack orchestrated by Belarus, its EU neighbours are inundated with migrant flows, artificially creating a migration crisis at inter-state borders. The significant number of people seeking to cross the national border also creates favourable conditions for those wishing to organise or carry out the transfer of illegal immigrants within the European Union. According to the explanatory note, this poses a substantial threat to public and national security, so these offences must be addressed with the utmost severity of the law and criminal penalties that would deter others from engaging in such criminal activities.

The amendments will enter into force on 20 October.

Saeima Press Service