On German Boats Illegally Across the English Channel

Germany has tightened Criminal Code to curb human trafficking into the UK

The German “Aufenthaltsgesetz” (Residence Act) of 2004 makes it a criminal offense to assist a person to illegally enter or to illegally remain in a European Union or Schengen Member State (there are four countries, Switzerland, Norway, Iceland and Liechtenstein, who are in the Schengen area but who are not EU Member States).

The details of what exactly is punishable are quite complicated, see sections 95 to 97 of said Aufenthaltsgesetz here; there is also an English translation online, but the translation is of 2024, so it does not contain the most recent changes.

In cases of conspiracy (bandenmäßige Tätigkeit) or if the persons who are smuggled across borders are being exposed to dangerous situations (which they almost always are when crossing the English Channel), are being physically injured or even killed, the sentence for aiding and abetting these human smuggling activities can be imprisonment for life.

So, German law was quite strict when it came to human trafficking including any attempts to provide boats, inflatable dinghies, rubber rafts etc for the purpose of transporting illegals across the English Channel into the UK.

Then came Brexit…

Brexit made the German Criminal Statute inapplicable

Since the wording of s. 96 German Residence Act was:

“… are to be applied to contraventions of statutory provisions on the entry and residence of foreigners in the territory of the member states of the European Union or of a Schengen state…”

the criminal law sections of the German Residence Act were no longer applicable with regard to the United Kingdom, which made Germany a logistics hub for criminal smugglers and traffickers. For details on the criminal activities see the reporting of the Economist and other media:

Amendment to the German Residence Act has now closed this gap in criminal liability 

German law has now been specifically amended so that the smuggling of persons into the United Kingdom (UK) is now once again a criminal offence in Germany.

An amendment to Section 96(4) of the Residence Act (AufenthG), which came into force in December 2025, explicitly included the United Kingdom within the scope of the criminal provision. This closed the legal loophole that had arisen following Brexit.

With the United Kingdom’s final withdrawal from the EU and the single market (third-country status), this automatic protection ceased to apply. The organisation of people-smuggling boats (so-called ‘small boats’) across the English Channel – the logistics and financing of which were demonstrably handled to a large extent via criminal networks in Germany acting as a hub – was no longer legally punishable in Germany as people-smuggling offences for journeys to the UK.

The new legislation (in force since the end of 2025)

To close this loophole, the German legislature adopted a targeted amendment:

  • Extension of Section 96(4) of the Residence Act: The wording of the Act was amended so that acts of people-smuggling from the territory of the EU or a Schengen State to the United Kingdom of Great Britain and Northern Ireland are now treated in the same legal manner as previous Schengen people-smuggling offences.
  • Consequence: Anyone operating logistics, procuring boats or organising crossings to the UK from Germany is liable to prosecution in Germany for the smuggling of foreign nationals.
  • Penalties: Depending on the severity of the offence (e.g. carried out on a commercial basis, as part of a criminal organisation, or under life-threatening conditions on boats), substantial prison sentences of between six months and ten years may be imposed. If people lose their lives, Section 97 of the Residence Act applies, carrying a minimum sentence of five years or, in cases of recklessness, even life imprisonment.

Enhanced cooperation between Germany and the UK

This legislative amendment is accompanied by intensive operational cooperation. In December 2024, Germany and the UK signed a joint action plan. German and British investigative authorities are working together in joint investigation teams to analyse financial flows and directly prevent the procurement of inflatable boats and outboard motors in Germany.

The German law firm Graf & Partners was established in 2003 and specialises in British-German legal matters, international law and cross border litigation ever since. Contact German solicitor Bernhard Schmeilzl, LL.M. (Leicester) at +49 941 463 7070.

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