Abstract
Contrary to the European, and to some degree the international level, German immigration law does not explicitly lay down one single rule resolving the conflict of breaches of immigration law by victims of smuggling or trafficking specifically. At the intersection of German criminal and immigration law, there is a limited scope for the recognition of victim status. The victim role in criminal and procedure law may affect the application of immigration rules. Generally, victims are only protected in so far as there is public interest in their stay. From the point of view of the trafficked and smuggled person, the need for protection is threefold: First, protection from criminal prosecution for illegal entry or residence; second, protection by residence status, contingent on their importance as a witness or not; third, witness protection if they are assisting in the prosecution of their traffickers and smugglers. Keywords: criminal prosecution; German immigration law; illegal entry; legal framework; smuggling; trafficking; victim protection; witness protection
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
