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United Nations Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, Supplementing the United
Nations Convention against Transnational Organized Crime (2000)
Article 5
CRIMINALISATION
1. Each State Party shall adopt such legislative and other measures as may
be necessary to establish as criminal offences the conduct set forth in Article 3 of
this Protocol, when committed intentionally.
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 of this Article; and
(c) Organising or directing other persons to commit an offence
established in accordance with paragraph 1 of this Article.
United Nations Principles and Guidelines on Human Rights and Human
Trafficking (2002)
Principle 12: States shall adopt appropriate legislative and other measures
necessary to establish, as criminal offences, trafficking, its component acts
and related conduct.
Principle 15: Effective and proportionate sanctions shall be applied to
individuals and legal persons found guilty of trafficking or of its component
or related offences.
Guideline 4: Ensuring an adequate legal framework
Legal / Policy Materials Compilation, Day 2, Part 1 - 76 -