A/HRC/20/18
Annex I
[English and French only]
Questionnaire on trafficking in persons, especially women
and children
Criminal justice responses to trafficking in persons
Criminalization of trafficking in persons
1.
Has your government adopted legislation to proscribe a criminal offense of
trafficking in persons? If so, what definition is used for trafficking in persons in such
legislation?
2.
Is that definition different if the victim is a child? If so, please describe that
difference.
3.
How are key terms in the law defined, such as “exploitation,” “means,” “forced
labor,” and “child”?
4.
Is consent an element in the definition of the criminal offence of trafficking? If so,
please describe the type of consent that will vitiate the commission of the crime of
trafficking in persons.
5.
Does the trafficking law apply extraterritorially i.e., does the law apply if the crime
takes place in a foreign jurisdiction? If so, describe under what circumstances the law can
be applied.
6.
What penalties or sanctions exist to punish those found guilty of trafficking in
persons crimes?
7.
How many cases have been brought or tried under such legislation in the last five
years? If possible, please provide separate numbers for arrests, prosecutions and
convictions, and any other useful information on these cases (e.g., the type of cases; the
disposition, any penalties imposed; whether and how trafficking victims participated in the
proceedings).
8.
What has your government done to facilitate the quick and accurate identification of
trafficking victims? (e.g., indicators, training on identification, cooperation with victim
service providers and non-governmental organizations (NGOs), and referral mechanisms).
9.
Are there any laws or policies in place to ensure that trafficking victims are not
punished for status-related offences (such as illegal migration, illegal work, etc.), or that
allow victims who have been prosecuted for status-related offences to quash their
conviction or vacate a judgment?
Investigation and prosecution
10.
What protections exist under your domestic laws for trafficking victims who serve
as witnesses during criminal investigations and trials? Please provide specific examples to
illustrate the type of protections provided and how these protections have functioned in
practice.
11.
At what stage of legal proceedings are protection and assistance available to victimwitnesses in trafficking in persons cases (pre-trial, during trial and/or post trial)?
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