Irregular migration as a phenomenon is defined in different ways by the Member States. Most of them give an administrative legal answer to the problem. However, it can be underlined that criminalization is not a widespread response; illegal border crossing and illegal residence are not considered criminal offences in western European countries. While the EU has made significant progress in recent years in the fight against migrant smugglers, challenges remain and new ones have emerged that require strengthened action and a renewed comprehensive approach. This applies both to our work with partner countries and to the fight against criminal networks within the EU and its Member States, to enhancing cooperation and supporting the work of law enforcement agencies to combat migrant smuggling. We found no difference in the case of those crossing the external or internal borders of the EU or in the case of secondary movement, despite the fact that migrant smuggling within the EU, on secondary movements, remains one of the key threats for the EU. In most European countries, migrants are considered victims of migrant smuggling and in the criminal proceedings that have been initiated, they take the position of victims, and at most they are questioned as witnesses. Due to the illegal border crossing, no separate criminal proceedings are usually initiated against them, and most of the time they are decided within the framework of public administrative proceedings. The status of victims of criminal offences has been a major political issue in the European Union, and as such, it has been given particular attention in recent years. Assistance in the context of committing migrant smuggling is to be interpreted extremely broadly, the behaviour of the offender can be considered as assistance, from transportation through the provision of technical conditions to advice on the route given for crossing the illegal state border. With migrant smuggling, crimes either have victims or not. A migrant can only be a victim in criminal proceedings if a crime is committed against him during the journey. In this case, she/he will also be questioned as a witness. If the migrant has not offended, she/he can still be a witness in the case of migrant smuggling.