The Government,has published a Bill to amend the section of the Criminal Code (Cap. 9) titled “Of the traffic of persons.” This, the Government said, is “in conformity with its commitment to the fight human trafficking.”

Human trafficking is “a heinous crime involving the deceit and sexual or labour exploitation of persons,” the Government said.

Some of these amendments transpose the provisions of “Directive 2011/36 EU on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA,” whilst others provide for more stringent penalties in respect of human trafficking offences.

The amendments transposing the Directive provide for the introduction of new concepts in our legislative framework, such as the incitement, aiding or abetting of an act of human trafficking.

The Bill also introduces a punishment in respect of any person who knowingly makes use of the services or labour of a trafficked person, or who otherwise benefits from such services.

This amendment is in line with recommendations made by the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA) in their report relating to Malta. This amendment is intended to curb the demand for services provided by trafficked persons.

Moreover, the Bill stipulates that the period of prescription in cases involving minors will start to run from the day that the victim of human trafficking attains the age of majority.

Finally, the Bill grants victims of human trafficking offences access to the compensation currently awarded only to victims of violent intentional crimes under the Criminal Injuries Compensation Scheme Regulations (Subsidiary Legislation 9.12).

The Government said it has “no intention of tolerating situations where persons are exposed to exploitation by human traffickers, and is therefore taking the necessary steps towards the prevention of such situations.”

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