2. Enacting legislation to provide for the administrative, civil and, where
appropriate, criminal liability of legal persons for trafficking offences in addition
to the liability of natural persons. Reviewing current laws, administrative controls
and conditions relating to the licensing and operation of businesses that may serve
as cover for trafficking such as marriage bureaux, employment agencies, travel
agencies, hotels and escort services.
3. Making legislative provision for effective and proportional criminal
penalties (including custodial penalties giving rise to extradition in the case of
individuals). Where appropriate, legislation should provide for additional
penalties to be applied to persons found guilty of trafficking in aggravating circumstances, including offences involving trafficking in children or offences
committed or involving complicity by State officials.
4. Making legislative provision for confiscation of the instruments and
proceeds of trafficking and related offences. Where possible, the legislation
should specify that the confiscated proceeds of trafficking will be used for the
benefit of victims of trafficking. Consideration should be given to the
establishment of a compensation fund for victims of trafficking and the use of
confiscated assets to finance such a fund.
5. Ensuring that legislation prevents trafficked persons from being prosecuted,
detained or punished for the illegality of their entry or residence or for the
activities they are involved in as a direct consequence of their situation as
trafficked persons