The phenomenon of immigration and the crime of immigrant smuggling

Migration is a social reality that has existed throughout human history and is one of the most important phenomena in terms of the development of human history. Among the reasons why people migrate en masse are reasons that deeply affect the social structure such as wars, hunger, poverty, epidemics. The migration movements of people in history have had positive results in terms of the scientific and sociological development of societies. However, the fact that the migration movements in the second half of the 20th century and the 21st century started to pose a risk to the nation state and national society structures formed as a result of the First World War has led to the idea of binding migration to some rules. Due to the fact that illegal migration movements pose a danger especially for the security and public order of developed countries and that acts contrary to human dignity occur during illegal migration, it has become necessary for the international community to make legal regulations regarding the fight against illegal migration. The United Nations Convention against Transnational Organised Crime, which is the first international legal convention against migrant smuggling, and the Protocol against the Smuggling of Migrants by land, sea and air , which is annexed to this convention, have determined the basic principles of the crime of migrant smuggling. Signed by 147 countries, this convention and protocol obliges the state parties to make legal arrangements against the crimes of migrant smuggling and the establishment of criminal organisations. State parties have made similar legal arrangements to combat the offence of migrant smuggling. Turkey has signed this international convention in order to combat migrant smuggling and has developed strict measures and regulations to prevent illegal migration both during the Turkish Penal Code No. 765 and the Turkish Penal Code No. 5237. In this study, after defining migration conceptually, the causes and effects of illegal migration in the social sense, national and international legal regulations determined to combat illegal migration will be examined in terms of theory and practice. The established judicial practices regarding the offence of migrant smuggling in Turkish Criminal Law will be interpreted with the legal regulations and the problems experienced in practice will be expressed and solutions will be provided.