Einde inhoudsopgave
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
Article 6 Criminalization
Geldend
Geldend vanaf 28-01-2004
- Bronpublicatie:
15-11-2000, Trb. 2001, 70 (uitgifte: 13-04-2001, kamerstukken/regelingnummer: -)
- Inwerkingtreding
28-01-2004
- Bronpublicatie inwerkingtreding:
19-02-2004, Trb. 2004, 36 (uitgifte: 01-01-2004, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Bijzondere onderwerpen
1.
Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit:
- a)
The smuggling of migrants;
- b)
When committed for the purpose of enabling the smuggling of migrants:
- (i)
Producing a fraudulent travel or identity document;
- (ii)
Procuring, providing or possessing such a document;
- c)
Enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the necessary requirements for legally remaining in the State by the means mentioned in subparagraph b) of this paragraph or any other illegal means.
2.
Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:
- a)
Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;
- b)
Participating as an accomplice in an offence established in accordance with paragraph 1 a), b) (i) or c) of this article and, subject to the basic concepts of its legal system, participating as an accomplice in an offence established in accordance with paragraph 1 b) (ii) of this article;
- c)
Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.
3.
Each State Party shall adopt such legislative and other measures as may be necessary to establish as aggravating circumstances to the offences established in accordance with paragraph 1 a), b) (i) and c) of this article and, subject to the basic concepts of its legal system, to the offences established in accordance with paragraph 2 b) and c) of this article, circumstances:
- a)
That endanger, or are likely to endanger, the lives or safety of the migrants concerned; or
- b)
That entail inhuman or degrading treatment, including for exploitation, of such migrants.
4.
Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law.