The Crime of Fraudulent Crossing of the State Border in Romanian Criminal Law - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 14, 1 (2025) 25–31

DOI: 10.47745/AUSLEG.2025.14.1.02

Abstract. The criminalization of the fraudulent crossing of the state border protects the inviolability of the border of a particular state. In this paper, the author analyses the object, the subjects, the objective and the subjective aspects of the crime of fraudulent crossing of the state border. Among other things, the possibility of apprehension of the co-perpetrator of this crime, the possibility of apprehension of a concurrence of crimes in the situation when the offender commits the crime both in the form of illegal entry and illegal exit from the country, and the relationship of this crime with other crimes, such as identity fraud, are analysed. The aggravated variants of this crime, which may be committed, inter alia, when the active subject is a foreigner who has been declared inadmissible or who has committed the act in order to evade criminal liability or the execution of a sentence, are also presented. Finally, a ground for non-punishment is presented, taking into account that the crime of fraudulently crossing the state border is not punishable under Romanian criminal law if committed by the victim of trafficking in human beings or minors.

Keywords: state border, co-authorship, forgery of identity, foreigner declared inadmissible, victim of trafficking in human beings or minors