Last Updated on June 1, 2021 by LawEuro
Asylum Act (Germany)
Chapter 10
Provisions as to punishments for criminal offences and fines
Section 84
Incitement to submit fraudulent applications for asylum
(1) Anyone who incites or helps a foreigner to provide incorrect or incomplete information during the asylum procedure before the Federal Office or during the judicial proceedings in order for the applicant to be granted asylum status or international protection status within the meaning of Section 1 (1) no. 2 shall be punished with imprisonment of up to three years or with a fine.
(2) In particularly serious cases a prison sentence of up to five years or a fine shall be imposed. As a rule, a case shall be considered particularly serious if the perpetrator
1. receives or expects to receive financial advantage for an act referred to in subsection 1 above, or
2. repeatedly acts or acts for more than five foreigners.
(3) In the cases referred to in subsection 1, anyone who
1. is motivated by commercial interests or
2. acts as a member of a gang formed for the purpose of committing such offences on a recurring basis
shall be punishable by a prison sentence of between six months and ten years.
(4) The attempt shall be punishable.
(5) Section 73d of the Criminal Code shall be applied in the cases covered by subsection 3 no. 1. In the cases covered by subsection 3 no. 2, Sections 43a, 73d of the Penal Code shall apply.
(6) Whoever commits such act for the benefit of a family member in the meaning of Section 11 (1) no. 1 of the Penal Code shall be exempt from punishment.
Section 84a
Commercial and organized incitement to submit fraudulent applications for asylum
(1) Anyone who, motivated by commercial interests and as a member of a gang formed for the purpose of committing such offences on a recurring basis, commits offences covered by Section 84 (1), shall be punishable by imprisonment for a term of between one and ten years.
(2) In less serious cases the penalty shall be imprisonment for six months to five years.
(3) Sections 43a, 73d of the Penal Code shall be applied.
Section 85
Other criminal offences
Anyone
1. failing, despite the provisions of Section 50 (6), also in conjunction with Section 71a (2) first sentence, to report immediately to the authority indicated;
2. repeatedly violating residence restrictions pursuant to Sections 56 (1) or 59b (1), either subsection also in conjunction with Section 71a (3) above;
3. failing to comply in time with an enforceable order pursuant to Section 60 (2), first sentence, also in conjunction with Section 71a (3);
4. pursuing paid employment in violation of Section 61 (1), also in conjunction with Section 71a (3)
shall be punished by imprisonment of up to one year or a fine.
Section 86
Provisions on fines
(1) Any foreigner who violates a residence restriction pursuant to Sections 56 or 59b (1), either provision also in conjunction with Section 71a (3), shall be deemed to have committed an administrative offence.
(2) Such an administrative offence may be punished with a fine of up to two thousand five hundred euros.
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