Journal of Danubian Studies and Research, Vol 6, No 2 (2016)

Abstract

It is undeniable the devastating effect that the increase of the illegal migration has on the population, both in terms of access to the legal labor market and in socio-economic terms. This is the argument which supports our choice to analyze, through this scientific approach, the offenses of trafficking in migrants, an offense under art. 263 of the Criminal Code. We believe that the importance of the theme is special, especially because it represents one of the most acute manifestations of cross-border crime with consequences visible to victims and with side effects difficult to assess in the long term. The component of human trafficking, the illegal migration is a scourge increasingly widespread and difficult to contain due to the involved criminal networks, and the ingenuity of the offenders.

Beyond the fact that this offense is committed, most often in the context of the organized crime (drug trafficking, arms smuggling, terrorism), the smuggling of migrants is a real danger to the socio-economic stability of states and even for peace and their security by disturbing the ethnic, cultural, demographic balance, by the inability of social protection mechanisms or public health, by exceeding the absorptive capacity of the market of legal work and implicitly, by upsetting the balance of forces between the control structures of legality and public order and the population channeled towards the criminal activities.