Tougher penalties take effect in Latvia for organising illegal migration

Amendments to Latvia's Criminal Law came into force on 5 November, tightening criminal liability for organising illegal migration and related offences. The changes affect three articles: Section 285 on illegally moving a person across the state border, Section 285.1 on enabling a person to reside illegally in Latvia, and Section 285.2 on malicious assistance in obtaining the right to reside in Latvia, another EU member state, the European Economic Area or Switzerland.

What changes

In certain cases the maximum prison term increases: to 12 years (previously 10), to 10 years (previously 8), to 8 years (previously 6) and to 6 years (previously 3).

For example, under the first part of Section 285, the former penalty for illegally moving a person across the border – up to three years, probation supervision or a fine – is replaced by up to six years, with possible confiscation of property and probation supervision. The first parts of all these articles also now allow additional penalties: confiscation of property and probation supervision.

The highest term, up to 12 years, applies when the offence is committed during an enhanced border security regime or a state of emergency declared because of a threat to border integrity. Previously the maximum in such cases was 10 years. Where illegal transfer causes the death of two or more people, the penalty remains three to 15 years.

Rationale

The explanatory note to the amendments says these crimes should be viewed as especially dangerous in the current geopolitical situation, since they constitute a serious threat to national security. The aim is to deter people from committing such offences.

Statistics

Data from the Interior Ministry's Digital Centre shows the number of criminal proceedings is rising. Under Section 285, 39 cases were opened in 2024, 52 in 2025 and 124 in the first eight months of 2026. For Section 285.1 the figures are 54, 80 and 17, and for Section 285.2 they are 14, 13 and 8.