A/HRC/4/24
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43.
In Bosnia and Herzegovina, article 61 of Chapter X, Penalty Provisions, of the Law on
Supervision and Control of Crossing the State Border (Official Gazette of BiH, No. 56/04)
stipulates fines for the following offences: if a natural person crosses or tries to cross State
border beyond border crossing; if he/she does this beyond working time or contrary to the
purpose of border crossing; if he/she avoids border control or leaves territory of border crossing
before the end of border control; or tries in any other way to avoid border control, he/she can be
sentenced to imprisonment of 30 days or fine in amount up to BAM 2,500.
44.
An undocumented foreign national who arrives in Canada is not subject to persecution
before a criminal court.
45.
In Japan, criminalization of irregular migration is prescribed by the provisions of
article 70 of the Immigration Act. Any person subject to any of the following items shall be
punished with imprisonment with or without labour for not more than three years or a fine not
exceeding 3 million yen, or shall be punished with either imprisonment with or without labour
and a fine: (a) a person who entered Japan in violation of the provision of article 3; (b) a person
who landed in Japan without obtaining landing permission from an immigration inspector
(see article 3). Any alien who falls under any one of the following items shall not enter Japan:
(a) a person who does not possess a valid passport (This shall not apply to a crewman possessing
a valid crewman’s pocket-ledger); (b) a person who intends to land in Japan without receiving a
stamp of permission for landing or without obtaining authorized permission for landing
(hereinafter referred to as “permission for landing”) from an immigration inspector (except for
those who fall under the preceding item).
46.
Mauritius indicated that section 8 of the Immigration Act deals with prohibited
immigrants. Section 23 of the same legal document provides that: Any person who contravenes
this act or any order made or condition imposed under it, for which no specific penalty is
elsewhere provided in this act, shall commit an offence and shall, on conviction, be liable, to a
fine not exceeding 2,000 rupees or to imprisonment for a term not exceeding six months.
47.
In Moldova, consequent actions have been undertaken to criminalize illegal migration.
By Law No. 376-XVI of 29 December 2005, the Criminal Code was completed with a new
article 362/1, “Organization of illegal migration”. Consequently, organization, for the purposes
of profit, of entry and/or illegal stay on the territory of a State by a person who is not its national
or resident, committed through making, holding, selling or use of false official documents;
issuing or acquisition of documents illegally or by means of false declarations; use of official
documents by other persons than the legal owner, is punished with a fine in the amount of 300
to 500 conditional units or with imprisonment from one to three years, with deprivation of the
right to hold certain functions or carry out certain activities for the term of one to three years,
whereas a legal person is punished with a fine in the amount of 1,000 to 2,000 conventional
units, with deprivation of the right to carry out certain activity or liquidation of the enterprise.
48.
In Singapore, the Immigration Act makes offences of unlawful entry and departure,
producing misleading travel documents, giving false information, abetment and engaging in the
business of illegally conveying prohibited immigrants or immigration offenders. These offences
carry penalties of between six months and five years’ imprisonment, caning or a fine of not
exceeding US$ 10,000.
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