Die Strafbarkeit der Fluchthilfe

Currently, legal migration is barely impossible, which is why refugees regularly place themselves in the hands of so-called smugglers. These smugglers usually act for their own profit. They lead the refugees along dangerous routes, some of which also lead across the Mediterranean Sea, and can therefore be considered criminals. They shall be countered with the criminal offense of § 96 German Residence Law. However, the legislator's intention goes astray since private flight helpers, who act out of solidarity, are also criminalized. Given this grievance, the author points out the dogmatic weaknesses of § 96 German Residence Law and presents a proposal for an urgently needed reform of this so-called smuggling offence.