Legal Framework

National Laws

This section provides direct access to the most relevant national legislation related to the prevention of irregular migration, the fight against migrant smuggling—including forms involving high-tech and organized crime—as well as the protection of smuggled migrants, especially vulnerable groups such as children and witnesses.

Explore legal provisions from Bosnia and Herzegovina, Montenegro, and Serbia related to:

Criminalization of migrant smuggling and related offenses,
Protection of minors in criminal proceedings,
Treatment of witnesses and victims,
Legal status, rights, and protection of migrants and asylum seekers.

Bosnia and Herzegovina:

Criminal law (click for summary)
Defines criminal offenses in BiH, including regulations on smuggling and trafficking of migrants.
Law on Criminal Proceedings (click for summary)
Details procedures for prosecuting offenses, including protections for minors and victims.
Law on Juveniles in Criminal Proceedings (click for summary)
Regulates special protections and procedures for juvenile offenders and minors involved in proceedings.
Law on Protection of Witnesses (click for summary)
Provides protection for threatened or vulnerable witnesses during criminal trials.
Law on Foreigners (click for summary)
Regulates the entry, stay, and rights of foreigners in BiH.
Law on Asylum (click for summary)
Defines procedures and rights for persons seeking asylum in BiH.
Law on Border Control (click for summary)
Sets rules for border crossing control and management.

Montenegro:

Criminal Code (click for summary)
Defines criminal acts and penalties in Montenegro, including migrant smuggling offenses.
Law on Criminal Proceedings (click for summary)
Regulates criminal investigation and trial processes.
Law on Juveniles in Criminal Proceedings (click for summary)
Ensures procedural safeguards for minors involved in criminal cases.
Law on Foreigners (click for summary)
Defines conditions for entry and residence of foreigners.
Law on Protection of Foreigners (click for summary)
Establishes asylum and protection rights for foreigners.
Law on Border Control (click for summary)
Covers management and security of national borders.

Serbia:

Criminal Code (click for summary)
Covers criminal offenses and penalties, including migrant smuggling and organized crime.
Criminal Procedure Code (click for summary)
Details rules of criminal investigation, trial, and witness protection in Serbia.
Law on Juvenile Offenders (click for summary)
Regulates criminal protection and special procedures for minors.
Law on Foreigners (click for summary)
Defines conditions of stay and protection for foreigners in Serbia.
Law on Asylum and Temporary Protection (click for summary)
Establishes asylum rights and procedures for displaced persons and refugees.
Law on Border Control (click for summary)
Sets regulations for border crossing procedures and control measures.

EU Legal Framework

This section contains key legal instruments of the European Union aimed at preventing migrant smuggling, defining related criminal offences, and protecting victims.

International Legal Framework

This section highlights essential international treaties and conventions that define obligations in combating migrant smuggling and transnational organized crime.

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