立法数据库

偷运移民
  • 罪行

    • • (给偷运者的)钱财或其他物质利益
  • 恶化

    • • 危及被偷运移民的生命或安全
      • 不人道或有辱人格的待遇(包括剥削)
贩运人口
  • 犯罪

    • • 拐卖儿童(18岁以下)
      • 贩运人口(成人)
  • 剥削目的

    • • 利用他人卖淫进行剥削或其他形式的性剥削
      • 强迫劳动或服务
      • 摘除器官
 Part 5
 Section 98E
 Smuggling and trafficking in people

UNTOC 文献

  • 有组织犯罪公约

  • 第11: 条. 起诉、判决和制裁
  • 贩运人口议定书

  • 任何物品
  • 偷运移民议定书

  • 任何物品
  • 枪支议定书

     

    原始案文

    98E Aggravating factors

    (1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D, a court must take into account—

    (a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or some other person) occurred during the commission of the offence:

    (b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 98A(2)):

    (c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence:

    (d) if during the proceedings concerned the person was convicted of the same offence in respect of 2 or more people, the number of people in respect of whom the offence was committed.

    (2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98D, a court must also take into account—

    (a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence:

    (b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years:

    (c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.

    (3) The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.

    (4) This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 98C or section 98D.