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Dutch Criminal and Administrative Law Concerning Trafficking in and Smuggling of Human Beings the Blurred Legal Position of Smuggled and Trafficked Persons: Victims, Instigators or Illegals?

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Chapter Summary

This chapter analyses the consequences of the European legislation for the Netherlands. It describes the Dutch criminal offence of trafficking, the offence of smuggling and related offence on enforcing immigration law by analysing current legal provisions and by analysing relevant case law. It then explains why only trafficked persons can be victims of trafficking, while smuggled persons cannot be victims of smuggling. It also explains the position of victims and their role in the criminal proceedings. A concluding analysis is made by linking the aims of the offences of smuggling and trafficking to the legal position of the trafficked and smuggled persons. The chapter describes the reforms of Dutch criminal law due to implementing European law. It shows that the implementation of the European legislation has consequences for the legal position of smuggled and trafficked persons in Dutch criminal law.

Keywords: Dutch criminal law; European law; immigration law; legal position; smuggling of human beings; trafficked persons

10.1163/ej.9789004150645.i-425.53
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