DOES THE CRIME OF ORGANIZING ILLEGAL MIGRATION INCLUDE ”RECRUITMENT”?

Ion COJOCARI, Daniel JÎMBEI*, Cristin GEMU** Universitatea de Stat din Moldova *Procuratura municipiului Chișinău, Oficiul Râșcani **Absolvent INJ

Abstract

This article examines the phrase “illegal recruitment”, which includes international standards on the prevention of
organized crime, and identifies the types and cumulative conditions that must be met by illegal recruitment. The analysis of
the phrase presupposes a higher elevation of the quality of the crime of organizing illegal migration, and elucidates the
comparative aspects regarding the phrase “smuggling of migrants”. In this article, we also draw attention to the need to
introduce a new rule, which will provide for criminal liability for the harmful act of “smuggling of migrants”. The analysis
of the phrase “smuggling of migrants”, as opposed to “organizing illegal migration”, has a broader content, and includes
the fundamental guarantees for the protection of migrants’ rights, which are not covered by the crime of organizing
illegal migration.
Keyword: recruitment, illegal recruitment, trafficking, migrant trafficking, child trafficking, organization, migrant,
organization of illegal migration.