Base de données sur la législation

Trafic illicite de migrants
    Traite des personnes
    • Infractions

      • • Traite de personnes (adultes)
        • Traite d’enfants (âgés de moins de 18 ans)
    • Protection des victimes

      • • Fourniture d’un abri/logement

    Date d’adoption:


    UNTOC articles

    • Convention contre la criminalité organisée

    • Article 25: Octroi d’une assistance et d’une protection aux victimes
    • Protocole relatif à la traite des personnes

    • Tout Article
    • Protocole relatif au trafic illicite de migrants

    • Tout Article
    • Protocole relatif aux armes à feu


      Texte original

      3. (1) When it appears to the Principal Immigration Officer that the third country national is co-operating with him in the fight against trafficking of human beings or, where applicable, against action to facilitate illegal immigration, he shall inform the third country national concerned of the possibilities offered under these regulations.

      (2) The Principal Immigration Officer may invite a nongovernmental organisation or another relevant association to give such information to the third country national concerned.

      (3) The Principal Immigration Officer shall grant a period of reflection, of not more than two months, with effect from the day when the information referred to in subregulation (1) is given by the Principal Immigration Officer, for the third country national to detach himself from the influence of the perpetrators of the offence so as to enable him to take an informed decision on the possibility of co-operating.

      (4) During the reflection period the third country national shall not be removed from Malta: Provided that the reflection period shall not create any entitlement to residence under these regulations.

      (5) During the period of reflection, while due regard is had to his safety and protection needs, the third country national who does not have sufficient resources shall be provided with:

      (i) the standards of living capable of ensuring his subsistence;
      (ii) access to emergency medical care; and, where applicable:
      (iii) attention to the needs of the most vulnerable;
      (iv) psychological assistance;
      (v) translation and interpreting services;
      (vi) free legal aid: Provided that in the case where the third country national is a minor, he shall have access to the public education system under the same conditions as Maltese nationals.

      (6) The period of reflection shall be terminated at any time by the Principal Immigration Officer for reasons relating to public policy or the protection of national security or if he establishes that the third country national concerned has actively, voluntarily and on his own initiative renewed contact with the perpetrators of the offences of trafficking of persons or facilitating illegal immigration.

      4. A third country national who is a victim of trafficking of human beings being or is the subject of an action to facilitate illegal immigration in terms of the provisions of these regulations, and who is found under circumstances which clearly indicate that he is a child or young person in need of care, shall be assisted in terms of the Children and Young Persons (Care Orders) Act as if he were a child or young person under such Act.

      5. (1) Without prejudice to any restrictions arising from public policy or public security, the Principal Immigration Officer may, at the end of the reflection period, or earlier if he is of the view that the third country national already fulfils the conditions stipulated in paragraphs (a) to (c), recommend to the Director the issuing of a residence permit for the third country national concerned when it is clear that:

      (a) the permission to remain in Malta of the third country national may present an opportunity for the investigations or judicial proceedings;
      (b) the third country national intends to co-operate with the Principal Immigration Officer;
      (c) the third country national has severed all relations with the persons suspected of committing the offences of trafficking of persons or facilitating illegal immigration: Provided that, when the third country national concerned is a minor, the Principal Immigration Officer shall take due account of his best interests and ensure that the procedure is appropriate to his age and maturity.

      (2) The residence period referred to in subregulation (1) shall be valid for a period of six months which shall be renewable if the conditions mentioned in the said subregulation continue to subsist and, in particular, taking into account the best interests of the child in cases where the third country national is a minor.

      (3) The provisions of regulation 3(5) shall apply to the third country national concerned, when he does not have the necessary resources, after the issue of the residence permit and for the duration of such permit:

      Provided that the third country national shall be provided with the necessary medical care or other assistance, when he does not have sufficient resources, and has special needs such as in the case of pregnant women, disabled persons, victims of sexual or other forms of violence, and minors.

      (4) The third country national concerned may be granted a work permit for the duration of the residence permit, in accordance with article 11(3) of the Act, and, especially when such third country national is a minor, access to vocational training and education.

      (5) Where applicable, the third country national concerned shall be granted access to programmes or schemes, provided by Government, non-governmental organisations or associations having a specific agreement with Government, aimed at the recovery of a normal social life including, where appropriate, courses designed to improve professional skills or preparation of his assisted return to the country of origin.


      Pièces jointes/annexes