Additionally, article 5 requires State Parties to criminalise also:
• attempting to commit a trafficking offence
• the participation as an accomplice in such an offence, and
• the organisation or directing of other persons to commit such an offence
The legal provisions of article 5 are mandatory. The subparagraph defining attempt caused some
discussion during negotiations. Different penal systems have diverging views on attempt. The
interpretative notes thus highlight that “attempting to commit an offence” can in some countries be
understood as acts perpetrated in preparation for an offence, and also those acts carried out in an
unsuccessful attempt to commit the offence, when those acts are punishable under domestic law. It is
also important to recognise that “participating as an accomplice” ideally should not cover the victims of
trafficking.
The first part of the Protocol clearly outlines that trafficking can and should be considered as a
separate offence in criminal provisions