WILLEMSTAD – From 1 May 2019, the Criminal Procedure Directive for human smuggling and human trafficking comes into effect. This directive is a provision for the Public Prosecution Service (OM) for the criminal requirements in cases of human smuggling and human trafficking.

Human smuggling involves cases of smuggling persons and providing accommodation for illegal aliens. Human trafficking is an act, such as recruiting, transporting, transferring, which is carried out with the use of certain means, such as coercion, violence, extortion, abuse, with the aim of exploiting profit. Exploitation may include forced prostitution or sexual exploitation, forced labor or labor exploitation, criminal exploitation and forced begging.

This guideline provides starting points for the criminal requirements. This Penal Requirements Directive also expresses the seriousness of the crime by identifying the relevant aggravating circumstances or factors influencing punishment.

It is up to the public prosecutor to determine, considering the circumstances of the case, the suspect and factors relating to the victims, whether there is room for a conditional part of the sentence with any special conditions to be imposed in the criminal proceedings. The claim for imprisonment will, where possible, be accompanied by a request for deprivation and / or confiscation and a request for disqualification of any rights.

This guideline is valid from 1 May 2019 and can be consulted at https://bitlylink.com/zjOAe. Two years from now, an evaluation of this directive will follow, which will also take into account the judgments and justification.