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Illegal immigration crimes are among the most dangerous that the Libyan state is currently suffering from and a source of other serious crimes such as human trafficking and money laundering. This necessitated the intervention of the legislator with Law No. 19 of 2010. In this study, we followed the analytical and comparative approach, and it became clear that the punitive policy is weak considering these crimes as misdemeanors. Even in cases of aggravating the punishment, the penalties remain weak, in addition to not punishing the intermediary in the crime despite the seriousness of their role and the lack of corporate liability. The punishment for attempted crimes is less severe than for completed ones. We propose that the Libyan legislator should consider the crime as a felony, with the intensification of current penalties, punishment of intermediaries, establishment of corporate liability, and equal punishment for attempted crimes to that of completed ones.

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Author Biography


mashaallah  othman  alzwae

Faculty of law university of Benghazi (  Benghazi, Libya )




Aqbaoui, Mohammed Abdelkader, & Mansouri, Al-Mabrouk. (2018). The influence of the victim's special characteristic in the commission of a crime and its effect on the offender's penalty in Algerian legislation: A comparative study. Ijtihad Journal for Legal and Economic Studies, Faculty of Law and Political Science, University of Tamenghast, Algeria, Volume 7, Issue 6.

Aqssassi, Abdelkader. (2018). The criminal protection of the child's right to life and physical safety. Journal of Law and Society, Law and Society Laboratory, Ahmed Draia University, Algeria.

Al-Amin, Bashir Mohammed. (2021-2022). The crime of migrant smuggling under Algerian and international legislation. Master's thesis, Faculty of Law and Political Science, University Abdel Hamid Ibn Badis Mostaganem, Algeria.

Al-Amin, Belmiloud, & Ghania, Belarbi. (2018). Illegal immigration between criminalization and human rights. Tanweer Journal for Literary and Human Studies, Ziane Achour University of Djelfa, Algeria, Issue 5.

Al-Amin, Kasari Mohammed. (2014-2015). Incitement to crime. Master's thesis, Faculty of Law and Political Science, Mohamed Boudiaf University of M'sila, Algeria, Academic Year.

Al-Khafaji, Ali Hamza Asal. (2018). The legal nature of multiplicity of offenders: A comparative study. Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, College of Law, University of Babylon, Iraq, Volume 10, Issue 2.

Al-Mutairi, Fawaz bin Khalf Al-Loihaq. (2022). The legal exemption from punishment in criminal cases in the Saudi system. Journal of Fiqh and Legal Research, Faculty of Sharia and Law, Damanhour, Al-Azhar University, Egypt, Issue 41.

Al-Qadi, Rami Metwally. (2014). The daily fine penalty: A comparative study. Journal of Legal and Economic Sciences, Faculty of Law, Ain Shams University, Issue 1, Part 3, 56th Year, January.

Al-Qadi, Rami Metwally. (2020). The criminal confrontation of migrant smuggling crimes in Egyptian legislation. Journal of Law and Economics, Faculty of Law, Cairo University, Volume 39, Issue 2.

Al-Qahwaji, Ali Abdel Qader. (2009). Commentary on Penal Law, General Section, Criminal Liability and Sanction, Al-Halabi Legal Publications, Beirut, First Edition.

Al-Sheibani, Mukhtar Abu Subaiha. (2022). The penalty of an accomplice in criminal offenses according to Libyan legislation. Legal Research Journal, Faculty of Law, University of Sirte, Issue 13.

Al-Tobashi, Muammar Milad Abubakr. (2020). The criminal policy of the Libyan legislator in combating illegal immigration: An analytical study of the law against illegal immigration. Journal of Legal Research, Faculty of Law, Misrata University, Libya, Issue 11.

Ahmed, Larid Mohammed. (2015). The means used and its impact on the crime in Algerian penal law and Islamic criminal jurisprudence. Islamic Civilization Magazine, Faculty of Humanities and Islamic Sciences, Ahmed Ben Bella University Oran 1, Algeria, Volume 16, Issue 21.

Abu Zaid, Mohammed Ahmed Mohd. (2019). Illegal immigration and its impact on national security (2011-2017). Master's thesis, Faculty of Arts and Sciences, Department of Political Science, Middle East University, Jordan.

Dalila, Maghni. (2019). Reading in the provisions of the crime of migrant smuggling in Algerian legislation. The African Journal of Legal and Political Studies, Ahmed Draia University, Algeria, Volume 3, Issue 1.

Ghbari, Thanaa Atef Faiez. (2018). Attempt in crime: A comparative jurisprudential study. Master's thesis, Faculty of Graduate Studies, An-Najah National University, Palestine.

Osmani, Abdelrahman, & Bouberqiq, Abdelraheem. (2021). The proportional fine penalty and corruption crimes in Algerian law. Ijtihad Journal for Legal and Economic Studies, Volume 10, Issue 2.

Sharmat, Salem. (2021). Transnational organized crime: Concept, effects, and barriers to its combat. Academic Journal of Legal and Political Research, Faculty of Law and Political Science, Amar Thelidji University, Laghouat, Algeria, Volume 5, Issue 2.

Tabash, Azeddine. (2021). Exposing others' lives and physical safety to danger in Algerian penal law. Journal of Studies on the Effectiveness of the Legal Rule, Research Laboratory, University of Bejaia, Algeria, Volume 5, Issue 2.

United Nations High Commissioner for Refugees. (n.d.). Protocol against the Smuggling of Migrants by Land, Sea, and Air, supplementing the United Nations Convention against Transnational Organized Crime. UNHCR. [Online] Available at: https://www.unhcr.org