Criminal proceedings against Minh Khoa Vo (Judgment of the Court (Second Chamber)) [2012] EUECJ C-83/12 (10 April 2012)

Criminal proceedings against Minh Khoa Vo (Judgment of the Court (Second Chamber)) [2012] EUECJ C-83/12 (10 April 2012)

Articles 21 and 34 of Regulation (EC) No 810/2009 do not preclude national provisions under which assisting illegal immigration constitutes an offence subject to criminal penalties in cases where the persons smuggled, third-country nationals, hold visas obtained fraudulently by deceiving the competent authorities of the Member State of issue as to the true purpose of their journey, without prior annulment of those visas.

Citation
[2012] EUECJ C-83/12
Parties
Defendant: Mr Vo; Prosecutor: Landgericht Berlin (Regional Court, Berlin)
Jurisdiction
European Union
Judgment Date
10 April 2012
Procedural Posture
Criminal / Reference for Preliminary Ruling From National Appellate Court (bundesgerichtshof)
Outcome
Reference answered; national law not precluded by EU law in these circumstances.
Legal Topics
Visa Code Interpretation, Human Smuggling, Illegal Immigration, Criminal Liability for Facilitation of Illegal Entry
European Union Law Criminal Law Immigration Law Visa Code Interpretation Human Smuggling Illegal Immigration Criminal Liability for Facilitation of Illegal Entry

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Parties

Mr Vo

Defendant

Landgericht Berlin (Regional Court, Berlin)

Prosecutor

Procedural Posture

Criminal / Reference for Preliminary Ruling From National Appellate Court (bundesgerichtshof)

Legal Issues

  1. 1 Whether Articles 21 and 34 of Regulation (EC) No 810/2009 (Visa Code) preclude national criminal liability for assisting illegal immigration where smuggled persons hold visas obtained by fraud, without prior annulment of those visas

Ratio Decidendi

Articles 21 and 34 of Regulation (EC) No 810/2009 do not preclude national provisions under which assisting illegal immigration constitutes an offence subject to criminal penalties in cases where the persons smuggled, third-country nationals, hold visas obtained fraudulently by deceiving the competent authorities of the Member State of issue as to the true purpose of their journey, without prior annulment of those visas.

Court Disposition

Reference answered; national law not precluded by EU law in these circumstances.

Orders

  • Articles 21 and 34 of Regulation (EC) No 810/2009 do not preclude national criminal liability for assisting illegal immigration where visas were obtained by fraud, even if not annulled prior to prosecution.