Rządowy projekt ustawy o ratyfikacji Konwencji Rady Europy w sprawie działań przeciwko handlowi ludźmi, sporządzonej w Warszawie dnia 16 maja 2005 r.

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Article 23 – Sanctions and measures
1
Each Party shall adopt such legislative and other measures as may be necessary to ensure
that the criminal offences established in accordance with Articles 18 to 21 are punishable
by effective, proportionate and dissuasive sanctions. These sanctions shall include, for
criminal offences established in accordance with Article 18 when committed by natural
persons, penalties involving deprivation of liberty which can give rise to extradition.
2
Each Party shall ensure that legal persons held liable in accordance with Article 22 shall
be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or
measures, including monetary sanctions.
3
Each Party shall adopt such legislative and other measures as may be necessary to enable
it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal
offences established in accordance with Articles 18 and 20, paragraph a, of this
Convention, or property the value of which corresponds to such proceeds.
4
Each Party shall adopt such legislative or other measures as may be necessary to enable
the temporary or permanent closure of any establishment which was used to carry out
trafficking in human beings, without prejudice to the rights of bona fide third parties or to
deny the perpetrator, temporary or permanently, the exercise of the activity in the course
of which this offence was committed.
Article 24 – Aggravating circumstances
Each Party shall ensure that the following circumstances are regarded as aggravating
circumstances in the determination of the penalty for offences established in accordance
with Article 18 of this Convention:
a
the offence deliberately or by gross negligence endangered the life of the victim;
b
the offence was committed against a child;
c
the offence was committed by a public official in the performance of her/his duties;
d
the offence was committed within the framework of a criminal organisation.
Article 25 - Previous convictions
Each Party shall adopt such legislative and other measures providing for the possibility
to take into account final sentences passed by another Party in relation to offences
established in accordance with this Convention when determining the penalty.
Article 26 – Non-punishment provision
Each Party shall, in accordance with the basic principles of its legal system, provide for
the possibility of not imposing penalties on victims for their involvement in unlawful
activities, to the extent that they have been compelled to do so.
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Chapter V – Investigation, prosecution and procedural law
Article 27 - Ex parte and ex officio applications
1
Each Party shall ensure that investigations into or prosecution of offences established in
accordance with this Convention shall not be dependent upon the report or accusation
made by a victim, at least when the offence was committed in whole or in part on its
territory.
2
Each Party shall ensure that victims of an offence in the territory of a Party other than
the one where they reside may make a complaint before the competent authorities of
their State of residence. The competent authority to which the complaint is made, insofar
as it does not itself have competence in this respect, shall transmit it without delay to t h e
competent authority of the Party in the territory in which the offence was committed.
The complaint shall be dealt with in accordance with the internal law of the Party in
which the offence was committed.
3
Each Party shall ensure, by means of legislative or other measures, in accordance with t h e
conditions provided for by its internal law, to any group, foundation, association or non-
governmental organisations which aims at fighting trafficking in human beings or
protection of human rights, the possibility to assist and/or support the victim with his or
her consent during criminal proceedings concerning the offence established in accordance
with Article 18 of this Convention.
Article 28 – Protection of victims, witnesses and collaborators with the judicial
authorities
1
Each Party shall adopt such legislative or other measures as may be necessary to provide
effective and appropriate protection from potential retaliation or intimidation in
particular during and after investigation and prosecution of perpetrators, for:
a
Victims;
b
As appropriate, those who report the criminal offences established in accordance
with Article 18 of this Convention or otherwise co-operate with the investigating or
prosecuting authorities;
c
witnesses who give testimony concerning criminal offences established in accordance
with Article 18 of this Convention;
d
when necessary, members of the family of persons referred to in subparagraphs a and
c.
2
Each Party shall adopt such legislative or other measures as may be necessary to ensure
and to offer various kinds of protection. This may include physical protection, relocation,
identity change and assistance in obtaining jobs.
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3
A child victim shall be afforded special protection measures taking into account the best
interests of the child.
4
Each Party shall adopt such legislative or other measures as may be necessary to provide,
when necessary, appropriate protection from potential retaliation or intimidation in
particular during and after investigation and prosecution of perpetrators, for members of
groups, foundations, associations or non-governmental organisations which carry out t h e
activities set out in Article 27, paragraph 3.
5
Each Party shall consider entering into agreements or arrangements with other States for
the implementation of this article.
Article 29 – Specialised authorities and co-ordinating bodies
1
Each Party shall adopt such measures as may be necessary to ensure that persons or
entities are specialised in the fight against trafficking and the protection of victims. Such
persons or entities shall have the necessary independence in accordance with the
fundamental principles of the legal system of the Party, in order for them to be able to
carry out their functions effectively and free from any undue pressure. Such persons or t h e
staffs of such entities shall have adequate training and financial resources for their tasks.
2
Each Party shall adopt such measures as may be necessary to ensure co-ordination of t h e
policies and actions of their governments’ departments and other public agencies against
trafficking in human beings, where appropriate, through setting up co-ordinating bodies.
3
Each Party shall provide or strengthen training for relevant officials in the prevention of
and fight against trafficking in human beings, including Human Rights training. The
training may be agency-specific and shall, as appropriate, focus on: methods used in
preventing such trafficking, prosecuting the traffickers and protecting the rights of t h e
victims, including protecting the victims from the traffickers.
4
Each Party shall consider appointing National Rapporteurs or other mechanisms for
monitoring the anti-trafficking activities of State institutions and the implementation of
national legislation requirements.
Article 30 – Court proceedings
In accordance with the Convention for the Protection of Human Rights and Fundamental
Freedoms, in particular Article 6, each Party shall adopt such legislative or other
measures as may be necessary to ensure in the course of judicial proceedings:
a
the protection of victims’ private life and, where appropriate, identity;
b
victims’ safety and protection from intimidation,
in accordance with the conditions under its internal law and, in the case of child victims,
by taking special care of children’s needs and ensuring their right to special protection
measures.
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Article 31 – Jurisdiction
1
Each Party shall adopt such legislative and other measures as may be necessary to
establish jurisdiction over any offence established in accordance with this Convention,
when the offence is committed:
a
in its territory; or
b
on board a ship flying the flag of that Party; or
c
on board an aircraft registered under the laws of that Party; or
d
by one of its nationals or by a stateless person who has his or her habitual residence
in its territory, if the offence is punishable under criminal law where it was
committed or if the offence is committed outside the territorial jurisdiction of any
State;
e
against one of its nationals.
2
Each Party may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, by a declaration addressed to the Secretary General of
the Council of Europe, declare that it reserves the right not to apply or to apply only in
specific cases or conditions the jurisdiction rules laid down in paragraphs 1 (d) and (e) of
this article or any part thereof.
3
Each Party shall adopt such measures as may be necessary to establish jurisdiction over
the offences referred to in this Convention, in cases where an alleged offender is present in
its territory and it does not extradite him/her to another Party, solely on the basis of
his/her nationality, after a request for extradition.
4
When more than one Party claims jurisdiction over an alleged offence established in
accordance with this Convention, the Parties involved shall, where appropriate, consult
with a view to determining the most appropriate jurisdiction for prosecution.
5
Without prejudice to the general norms of international law, this Convention does not
exclude any criminal jurisdiction exercised by a Party in accordance with internal law.
Chapter VI – International co-operation and co-operation with civil society
Article 32 – General principles and measures for international co-operation
The Parties shall co-operate with each other, in accordance with the provisions of this
Convention, and through application of relevant applicable international and regional
instruments, arrangements agreed on the basis of uniform or reciprocal legislation and
internal laws, to the widest extent possible, for the purpose of:
–
preventing and combating trafficking in human beings;
–
protecting and providing assistance to victims;
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–
investigations or proceedings concerning criminal offences established in accordance
with this Convention.
Article 33 - Measures relating to endangered or missing persons
1
When a Party, on the basis of the information at its disposal has reasonable grounds to
believe that the life, the freedom or the physical integrity of a person referred to in
Article!28, paragraph 1, is in immediate danger on the territory of another Party, t h e
Party that has the information shall, in such a case of emergency, transmit it without
delay to the latter so as to take the appropriate protection measures.
2
The Parties to this Convention may consider reinforcing their co-operation in the search
for missing people, in particular for missing children, if the information available leads
them to believe that she/he is a victim of trafficking in human beings. To this end, t h e
Parties may conclude bilateral or multilateral treaties with each other.
Article 34 – Information
1
The requested Party shall promptly inform the requesting Party of the final result of t h e
action taken under this chapter. The requested Party shall also promptly inform t h e
requesting Party of any circumstances which render impossible the carrying out of t h e
action sought or are likely to delay it significantly.
2
A Party may, within the limits of its internal law, without prior request, forward to
another Party information obtained within the framework of its own investigations when
it considers that the disclosure of such information might assist the receiving Party in
initiating or carrying out investigations or proceedings concerning criminal offences
established in accordance with this Convention or might lead to a request for co-operation
by that Party under this chapter.
3
Prior to providing such information, the providing Party may request that it be kept
confidential or used subject to conditions. If the receiving Party cannot comply with such
request, it shall notify the providing Party, which shall then determine whether t h e
information should nevertheless be provided. If the receiving Party accepts the
information subject to the conditions, it shall be bound by them.
4
All information requested concerning Articles 13, 14 and 16, necessary to provide the rights
conferred by these Articles, shall be transmitted at the request of the Party concerned
without delay with due respect to Article 11 of the present Convention.
Article 35 – Co-operation with civil society
Each Party shall encourage state authorities and public officials, to co-operate with non-
governmental organisations, other relevant organisations and members of civil society, in
establishing strategic partnerships with the aim of achieving the purpose of this
Convention.