Caritas of Archdiocese of Prague Migration Centre Joint Staff Training Event Meeting in Prague 23 th – 27 th 2015

Caritas of Archdiocese of Prague Migration Centre International documents United Nations Convention on the Rights of the Child Protocol to prevent, supress and punish trafficking in persons, especially women and children, suplementing the United Nations Convention against Transnational Organized Crime Directive 2011/36 /EU of the European Parliament and of the Council of 5 April 2011 on preventing trafficking, combating and protecting its victims, Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals

Caritas of Archdiocese of Prague Migration Centre National law Constitution Charter of fundamental rights and freedoms 40/2009 Criminal Code 141/1961 code of criminal procedures 137/2001 on the special protection of a witness and other persons in connection with criminal proceeding 209/1997 on granting financial assistance to victims of crimes 218/2003 on juvenile justice 326/1999 on the residence of foreign nationals on the territory of the Czech Republic 108/2006 on social services 262/2006 Labour code 435/2004 on employment 251/2005 on work inspection

Caritas of Archdiocese of Prague Migration Centre § 168 Human trafficking 1. Whoever forces, arranges for, hires, lures, seduces, transports, hides, detains or surrenders a child to be used for the purposes of a) sexual intercourse of other forms of sexual abuse, harassment rt he production of pornographic materials by another person, b) removal of tissues, cells or organs from the human body, c) service in armed forces, d) slavery or servitude or e) forced labour or other forms of exploitation, or whoever has a profit from such activity, shall be sentenced to imprisonment for two to ten years. 2. The same sentence shall be applicable to those who use violence, the threat of violence or of grievous injury, or employs deception or abuses the error, duress or dependence of a person not falling within subsection 1, to tempt, arrange for, hire, iure, seduce, transport, hide, detain or surrender the said person be used for the purposes of a) sexual intercourse or other forms of sexual abuse, harassment of the production of pornographic materials by another person, b) removal of tissues, cells or organs from the human body, c) military service, d) slavery or servitude or e) forced labour or other forms of exploitation, orwho ever profits from such acts.

Caritas of Archdiocese of Prague Migration Centre 3. Imprisonment for five to twelve years or confiscation of property shall be applicable to whoever a)commits any such act as mentioned in subsection 1 or 2 as a member of an organised group, b) exposes through such act another person to the danger of grievous bodily injury or death, c) commits such an act with the intent of gaining significant benefit for herself/himself or for another person or d) commits such an act with the intent of procuring the use of another person for prostitution. 4. Imprisonment for eight to fifteen years or confiscation of property shall be applicable to whoever a) causes grievous bodily injury by any such act as mentioned in subsection 1 or 2, b) commits such an act with the intent of gaining benefit of significant scope for herself/himself or for another or c) commits such an act while being connected to an international group active in several States. 5. Imprisonment for ten to sixteen years or confiscation of property shall be applicable to whoever causes death by any such act as mentioned in subsection 1 or 2.

Caritas of Archdiocese of Prague Migration Centre § 169 Placing a child under the power of another person 1.Whoever profits from placing a child under the power of another person with aim of adoption or another similar purpose shall be punished with a prison sentence up to 3 years or activity prohibition. 2. Imprisonment for two to eight years or confiscation of property shall be applicable to whoever a. commits any such act as mentioned in subsection 1 as a member of an organised group, b.exposes through such act another person to the danger of grievous bodily injury, c. commits such an act repeately or d. commits such an act with the intent of gaining significant benefit for herself/himself or for another person. 3. Imprisonment for three to ten years or confiscation of property shall be applicable to whoever causes death by any such act as mentioned in subsection 1, commits such an act with the intent of gaining benefit of significant scope for herself/himself or for another or commits such an act while being connected to an international group active in several States.

Caritas of Archdiocese of Prague Migration Centre § 189 Procuring Who forces, engages, hires, lures or seduces a person for prostitution or who has profited from prostitution by another person shall be punished with a prison sentence up to 3 years or activity prohibition or confiscation of property. § 192 Production or other use of child pornography 1.Who is in possession of photographic, film, computer, electronic or other pornographic materials or use a child or a person appearing to be a child shall be punished with prison sentence up to 2 years. 2. Whoever produces, imports, exports, offers, makes accessible to public, arranges, sells or procures to other person pornographic material displaying a child or whoever has a profit from such pornographic material shall be sentenced to imprisonment for 6 months to 3 years, activity prohibition or confiscation of property.

Caritas of Archdiocese of Prague Migration Centre § 193 Child misuse for pornography production 1.Who forces, recruits, hires, lures, seduces or misuses a child for production of pornography or has profited from a child´s participation in such activity shall be punished with prison sentence for 1 to 5 years. 2. If the offender commits the crime mentioned in subsection 1 a) like a member of an organized group or b) with the aim to make a big profit shall be punished with prison sentence for 2 – 6 years 3. If the offender commits the crime mentioned in subsection 1 b) with the aim to make a big profit shall be punished with a prison sentence for 3 – 8 years § 342 Unauthorized employment of foreigners § 190 Prostitution endangering the moral development of children Begging – municipal ordinance offence - other form of exploitation Prostitution – municipal ordinance

Caritas of Archdiocese of Prague Migration Centre Prosecution of the perpetrators Trafficking Year Detected Resolved Total number of resolved cases Investigated and prosecuted Charged Condemned Unconditional sentences Conditional sentences11121

Caritas of Archdiocese of Prague Migration Centre Procuring Year Detected Resolved Investigated and prosecuted Charged Condemned Unconditional sentences Conditional sentences

Caritas of Archdiocese of Prague Migration Centre Thank you for your attention