intended exploitation set forth in subparagraph (a) of this article shall be
irrelevant where any of the means set forth in subparagraph (a) have been
used;
(c) The recruitment, transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall be considered “trafficking in
persons” even if this does not involve any of the means set forth in
subparagraph (a) of this article;
(d) “Child” shall mean any person under eighteen years of age.
Article 4
Scope of application
This Protocol shall apply, except as otherwise stated herein, to the
prevention, investigation and prosecution of the offences established in
accordance with article 5 of this Protocol, where those offences are
transnational in nature and involve an organized criminal group, as well as
to the protection of victims of such offences.
Article 5
Criminalization
1. Each State Party shall adopt such legislative and other
measures as may be necessary to establish as criminal offences the conduct
set forth in article 3 of this Protocol, when committed intentionally.
2. Each State Party shall also adopt such legislative and other
measures as may be necessary to establish as criminal offences:
(a) Subject to the basic concepts of its legal system, attempting to
commit an offence established in accordance with paragraph 1 of this
article;
(b) Participating as an accomplice in an offence established in
accordance with paragraph 1 of this article; and
(c) Organizing or directing other persons to commit an offence
established in accordance with paragraph 1 of this article.
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