Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse:Article 27 Sanctions and measures

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse

Article 27 Sanctions and measures

Geldend

Documentgegevens:

Geldend vanaf 01-07-2010

Bronpublicatie:: 25-10-2007, Trb. 2008, 58 (uitgifte: 02-04-2008, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-07-2010
Bronpublicatie inwerkingtreding:: 26-11-2009, Trb. 2010, 2010/156 (uitgifte: 17-05-2010, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Mensenrechten
Personen- en familierecht / Kinderbescherming

1.

Each Party shall take the necessary legislative or other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions, taking into account their seriousness. These sanctions shall include penalties involving deprivation of liberty which can give rise to extradition.

2.

Each Party shall take the necessary legislative or other measures to ensure that legal persons held liable in accordance with Article 26 shall be subject to effective, proportionate and dissuasive sanctions which shall include monetary criminal or non-criminal fines and may include other measures, in particular:

a): exclusion from entitlement to public benefits or aid;
b): temporary or permanent disqualification from the practice of commercial activities;
c): placing under judicial supervision;
d): judicial winding-up order.

3.

Each Party shall take the necessary legislative or other measures to:

a)

provide for the seizure and confiscation of:

—: goods, documents and other instrumentalities used to commit the offences, established in accordance with this Convention or to facilitate their commission;
—: proceeds derived from such offences or property the value of which corresponds to such proceeds;

b)

enable the temporary or permanent closure of any establishment used to carry out any of the offences established in accordance with this Convention, without prejudice to the rights of bona fide third parties, or to deny the perpetrator, temporarily or permanently, the exercise of the professional or voluntary activity involving contact with children in the course of which the offence was committed.

4.

Each Party may adopt other measures in relation to perpetrators, such as withdrawal of parental rights or monitoring or supervision of convicted persons.

5.

Each Party may establish that the proceeds of crime or property confiscated in accordance with this article can be allocated to a special fund in order to finance prevention and assistance programmes for victims of any of the offences established in accordance with this Convention.