NL mensenrechtenbeleid

In de Nederlandse Universal Periodic Review, geschreven voor de VN-Mensenrechtenraad, schrijft NL het volgende over Criminalisering van illegaal verblijf:

Criminalising illegal residence is not an end in itself. It is expected to have a deterrent
effect on illegal immigrants or people planning to bring immigrants to the Netherlands
Illegal residence is defined as a minor offence. Providing humanitarian assistance or
support to illegal residents is not defined as a criminal offence in the form of complicity.
Children who are illegally resident in the Netherlands can continue to attend school, and
illegal residents can continue to receive any necessary medical care. Nothing has changed
in this respect. The criminalisation of illegal residence is aimed at aliens who are adults.
Clearly, minor children, who are subject to their parents’ authority, cannot be criminally
liable for their illegal residence.
It is envisaged that those convicted of illegal residence will be sentenced to pay a secondcategory
fine, which is a maximum of €3,800 but generally much less (more likely a few
hundred euros) or a maximum period of four months detention. Departure takes
precedence over punishment. A sentence imposed solely for illegal residence must never
impede or delay a person’s departure. The principle is that illegal residence will be
punished with a fine. When detention is imposed instead of payment, expulsion – where
possible − will take precedence.

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