مسؤولية المهاجر غير الشرعي في ضوء الفقه و القانون الجنائي : دراسة مقارنة

الملخص EN

The phenomenon of illegal immigration is a phenomenon of modern times of great importance because of its link to the security of the state and the security of illegal immigrants began to emerge in the middle of the nineteenth century as a result of the European countries restrictions on the movement of individuals legally (legal migration) because of their labor After the end of World War II because most of the soldiers returned to their homes and their work, therefore, individuals resort to move secretly or illegally to the territory of the state concerned or move legally and then stay and refused to return to their homes.

As a result of the unreasonably increasing number of illegal immigrants, the United Nations, in cooperation with the international community, has concluded special treaties and protocols to protect illegal migrants, whether workers or private individuals and demanded that their rights and criminal prosecution be preserved.

Concerning the position of the international community, it issued laws to combat illegal immigration with irresponsible criminal responsibility for illegal immigrants.

Valuable despite its accession to the private organization of illegal immigration treaties, but it has not issued any law for illegal immigration.

Accordingly, the researcher has highlighted the issue of (the responsibility of illegal immigrant in the light of jurisprudence and criminal law) in two papers we address in the first section to the concept of illegal immigration and in the second section, we address the criminal responsibility of illegal immigrant in the light of jurisprudence and criminal law.