Since 2005, smuggling has been a separate criminal offense in the Austrian Aliens Police Act. Paragraph 114 states: “Anyone who promotes the illegal entry or transit of a foreigner into or through a member state of the European Union or a neighboring country of Austria with the intention of unlawfully enriching himself or a third party through a payment made for this purpose shall be punished by the court with imprisonment of up to sentenced to two years.” The threat of punishment even extends to up to ten years in prison if a perpetrator acts as a member of a criminal organization and thereby endangers people’s lives.
