Smuggling of migrants is no longer a marginal offence at the external borders of the EU, but a daily reality in inner-European border regions as well. In the German–Belgian–Dutch triangle around Aachen, investigations into alleged “smugglers” range from low‑level drivers who transport people for small sums to actors accused of involvement in structured international networks. For those affected, the stakes are high: prison sentences of several years, extensive asset seizures and, in cases with fatalities, even life imprisonment.
German criminal law addresses smuggling of migrants primarily through sections 96 and 97 of the Residence Act (AufenthG). These provisions have been tightened significantly in recent years, most notably by the “Act to Improve Return” in 2024. At the same time, case law of the Federal Court of Justice (BGH) and European law – including the Return Directive and recent decisions of the Court of Justice of the European Union – shape the limits and scope of criminal liability. Anyone facing such accusations needs a defence that understands both the dogmatic fine print and the realities of cross‑border enforcement practice.










