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Directive 2011/36/EU of the European Parliament and of the CouncilShow full title

Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA

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Article 10Jurisdiction

1.Member States shall take the necessary measures to establish their jurisdiction over the offences referred to in Articles 2 and 3 where:

(a)the offence is committed in whole or in part within their territory; or

(b)the offender is one of their nationals.

2.A Member State shall inform the Commission where it decides to establish further jurisdiction over the offences referred to in Articles 2 and 3 committed outside its territory, inter alia, where:

(a)the offence is committed against one of its nationals or a person who is an habitual resident in its territory;

(b)the offence is committed for the benefit of a legal person established in its territory; or

(c)the offender is an habitual resident in its territory.

3.For the prosecution of the offences referred to in Articles 2 and 3 committed outside the territory of the Member State concerned, each Member State shall, in those cases referred to in point (b) of paragraph 1, and may, in those cases referred to in paragraph 2, take the necessary measures to ensure that its jurisdiction is not subject to either of the following conditions:

(a)the acts are a criminal offence at the place where they were performed; or

(b)the prosecution can be initiated only following a report made by the victim in the place where the offence was committed, or a denunciation from the State of the place where the offence was committed.

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