Trafficking in persons

    Kiribati

    Measures to Combat Terrorism and Transnational Organised Crime Act 2005

     Article 42-45

    UNTOC Articles

    • Organized Crime Convention

    • Trafficking in Persons Protocol

    • Any Article
    • Smuggling of Migrants Protocol

    • Firearms Protocol

      Original Text

      42. Offence of trafficking in persons

      Any person who engages in trafficking in a person or is involved in the arranging of trafficking in a

      person, knowing that the person’s entry into Kiribati or any other State is or was arranged by

      specified means, commits an offence and is liable upon conviction to imprisonment for 15 years.

      43. Offence of trafficking in children

      Any person who intentionally engages in trafficking in a person who is a child or is involved in the

      arranging of trafficking in a person who is a child, regardless of whether the child’s entry into

      Kiribati or any other State is or was arranged by specified means, commits an offence and is liable

      upon conviction to imprisonment for 20 years.

      44. Consent of trafficked person

      In a criminal prosecution for an offence under section 42 or 43, it is not a defence that—

      (a) the trafficked person consented to the intended exploitation; or

      (b) the intended exploitation did not occur.

      45. Protection for trafficked persons

      (1) A trafficked person is not liable to criminal prosecution for—

      (a) the act of trafficking in persons or being a party to an offence of trafficking in persons;

      or

      (b) the person’s illegal entry into Kiribati, in connection with the act of trafficking in

      persons, if Kiribati is the receiving country; or

      (c) the person’s period of unlawful residence in Kiribati after being trafficked, if Kiribati

      is the receiving country; or

      (d) the person’s procurement or possession of any fraudulent travel or identity documents

      that the person obtained, or with which the person was supplied, for the purpose of

      entering the receiving country in connection with the act of trafficking in persons.

      (2) Subsection (1) does not prevent the removal of a trafficked person under the Immigration Ordinance.

       
       
       
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