Trafficking in human beings for sexual and other purposes - Polisen

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Annex 2 – Legislation in this area62Purchase of sexual services as worded fromand including 01.07.2011Chapter 6 § 11 of the Penal Code (2011:517) 97Someone who, in a case other than as intended previouslyin this chapter, obtains casual sexual intercoursein return for payment, will be convicted of the purchaseof a sexual service and sentenced to a fine or a custodialsentence of a maximum of one year98.What has been stated in paragraph 1 also applieseven if the remuneration has been promised or given bysomeone else.The purchase of a sexual act from a childChapter 6 § 9 of the Penal Code (2004:406)Someone who, in a case other than as intended previouslyin this chapter, induces a child below the age ofeighteen to carry out or endure a sexual act in return forpayment will be sentenced, for the purchase of a sexualact from a child, to a fine or to a custodial sentence of amaximum of two years.What has been stated in paragraph 1 also applieseven if the remuneration has been promised or given bysomeone else.The Aliens’ ActIn order to make it easier for perpetrators to bebrought to trial, a provision granting temporary residencepermits for foreign witnesses and victims wasintroduced into the Aliens’ Act in 2005 99 where thisis considered justified, in order to carry out a preliminaryinvestigation and main hearing in the criminalcase. In 2011, the Swedish Migration Boardmade 39 decisions to grant temporary residence permitsto such witnesses. On 1 July 2007 the provisionin the Aliens’ Act was amended in order to harmonisewith an EU Directive on the victims of humantrafficking 100 . Witnesses are now required to cooperatewith the criminal investigation authorities, andto break off all links with the individuals who aresuspected of crimes, etc. At the request of the directorof the preliminary investigation, a residence permitfor thirty days can now also be issued if the witnesswants time for reflection in order to recover andto make a decision as to whether he or she wishes tocooperate with the criminal investigation authorities.Chapter 5 § 15 of Sweden’s Aliens Act(2005:716).A temporary residence permit may be granted, at therequest of the leader of the preliminary investigation, toan alien who has been living here, if this is required inorder for a preliminary investigation or main hearing tobe held in the criminal case. A temporary residence permitfor a minimum of six months shall be given at therequest of the leader of the preliminary investigation toan alien who is living here if1. this is required in order for a preliminary investigationor main hearing to be held in the criminal case,2. the alien in question has clearly displayed a willingnessto cooperate with the criminal investigationauthorities,3. the alien has broken off all contacts with the personswho are suspected of a crime that is the subject of thepreliminary investigation, and4. considerations of public order and safety do notrequire that the permit should not be granted.If the alien wishes to have some time for considerationin order to recover and to make a decision as towhether he or she wishes to cooperate with the criminalinvestigation authorities, then a temporary thirty-97 Swedish Government Bill 2010/11:77.98 The aim of tightening up the penalties is to create further roomfor a more nuanced assessment of the punishment value inserious cases of the purchase of sexual services.99 The Aliens’ Act (2005:716) Chap. 5 § 15100 Council Directive 2004/81/EC of 29 April 2004 on the issue ofresidence permits to third-country nationals who have beenvictims of human trafficking or who have been the subject ofan action to facilitate illegal immigration, who cooperate withthe competent authorities.
Annex 2 – Legislation in this area63day residence permit will be issued at the request ofthe leader of the preliminary investigation, as long asthe conditions as stated in items 1 and 4 of para. 1have been fulfilled.A residence permit issued in pursuance of para. 1may be extended if so requested by the leader of thepreliminary investigation and if the conditions statedtherein are still fulfilled. A residence permit issued inaccordance with para. 2 may be extended if sorequested by the director of the preliminary investigationif, for particular reasons, there is a need for alonger period of consideration and the conditions asstated in items 1 and 4 of para. 1 are still fulfilled.Legislation to be considered in cases oftrafficking in human beings for forcedlabourIn Sweden, a person purchasing/engaging the victim’sservices risks being held responsible for usury in compliancewith Chap. 9 § 5 Para 1 of the Penal Code andbreaches of the provisions of the Act on Tax Offences(1971:69). According to the provision on usury, anyonewho, by means of a contract or some other legaldocument, takes advantage of someone’s distress,foolishness, ignorance or dependency in order toderive benefit, which is obviously disproportionate tothe remuneration or for which should no remunerationis paid, shall be punishedChap. 20 § 5 of the Aliens’ Act could also be applicablein certain cases if someone intentionally or negligentlyemploys a foreigner even though the alien inquestion does not have a prescribed work permit.Chap. 3 § 10 of the Penal Code in cases where someoneintentionally or negligently is in breach of what isrequired according to the Work Environment Act, toprevent illness or accident, thereby causing the deathof another person, physical injury or illness.
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Trafficking in humanbeings for sexu
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1. Summary7responsibility for comba
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Page 33 and 34: 3. Criminal Development33ly a man r
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Page 37 and 38: 4. Other National Bureau of Investi
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Page 41 and 42: 6. Analysis and recommendations41cr
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Page 47 and 48: Annex 1 - Reporting by the police a
Page 61: Annex 2 - Legislation in this area6
Page 65 and 66: Annex 3 - Sentences652. Man, born 1
Page 67 and 68: Annex 3 - Sentences674. Man, born 1
Page 69 and 70: Annex 3 - Sentences69Sentences pron
Page 71 and 72: Annex 4 - Reported offences in 2011
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Trafficking in human beings for sexual and other purposes - Polisen

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