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)? 24