Abstract

Objectives: This study aimed to highlight migrant smuggling crime and what distinguishes it from other similar criminalities. It also aimed to identify the characteristics of this crime, clarify and analyze its elements, and examine its penal framework. Methods: The study adopted a descriptive and legal analytical approach, by reading and analyzing legal texts related to migrant smuggling in the national law and international conventions. Results: The study concluded with a set of findings, the most important of which are: The Saudi regulator considers the migrant smuggling crime a major crime punishable by arrest. The Saudi law also considers it an intentional crime, with no specific criminal intent required. Conclusions: The study arrived at a set of recommendations, the most important of which are: The necessity of issuing a penal law for migrant smuggling crime, in which the regulator specifies definitions and criminal and punitive provisions. The study recommended that the Saudi regulator use more comprehensive terms, such as "human smuggling" instead of "facilitating the entry of illegal immigrants," to avoid restrictive legal definitions.