Regulations for dealing
with victims of trafficking in human beings as laid down in
the Regulatory Order Implementing the Aliens Act of 2000
Section 42 para. 3 Aliens
Act (Time limit to leave the country)
42.3.2. Aliens Act / Regulatory Order
42.3.3. As a rule, the time limit to leave
the country is fixed within the framework of the threat of
expulsion. If by way of exception no threat of expulsion is
issued, the Foreigners' Authority can fix a deadline for leaving
the country in accordance with section 42 para. 3. When granting
and fixing a time limit for leaving the country, public interests
are also to be taken into consideration (e.g. taking evidence
in a preliminary criminal procedure). If definite
facts or other information indicate that a person liable to
leave the country is affected by trafficking in human beings,
a period of time for voluntary departure of at least four
weeks is to be provided. The persons affected are informed
about the possibility of having themselves supported and helped
by special advisory centres. The time limit for leaving the
country is also intended to allow the foreigner to see to
his/her personal affairs.
Section 55 para. 3 Aliens
Act (Grounds for toleration)
55.3.3. Aliens Act / Regulatory Order
Substantial public interests can be concerned if
55.3.3.1. – the foreigner is needed
as a witness in a criminal procedure or in another court or
administrative proceeding (...)
Section 53 para. 6 Aliens Act (Impediments to deportation)
53.6.1. Aliens Act / Regulatory Order
The regulation presupposes an individual/definite danger in
another state which is not based on a potential punishment
or prosecution. From this only aliens benefit who are affected
by an individual fate (e.g. witness protection prior to, during
and after criminal proceedings, suttee, ritual murders (...).
In this connection allowance is to be made for the particular
danger to witnesses due to their collaboration in a German
criminal proceeding for organized crime (e.g. trafficking
in human beings). An individual/definite danger
in another state does not exist if with appreciable probability
it can also materialize in the Federal Republic of Germany.
Downloads:
Access
of witnesses to the labour market (32 KB)
Compensation
for victims of acts of violence (36 KB)
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