entry of a person into a State Party of which the person is not a national or a
permanent resident;
(b) “Illegal entry” shall mean crossing borders without complying with
the necessary requirements for legal entry into the receiving State;
(c) “Fraudulent travel or identity document” shall mean any travel or
identity document:
(i) That has been falsely made or altered in some material way by
anyone other than a person or agency lawfully authorized to
make or issue the travel or identity document on behalf of a
State; or
(ii) That has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful
manner; or
(iii) That is being used by a person other than the rightful holder;
(d) “Vessel” shall mean any type of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of
transportation on water, except a warship, naval auxiliary or other vessel owned
or operated by a Government and used, for the time being, only on government
non-commercial service.
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 6 of this Protocol, where the offences are transnational in nature
and involve an organized criminal group, as well as to the protection of the
rights of persons who have been the object of such offences.
Article 5. Criminal liability of migrants
Migrants shall not become liable to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in article 6 of this
Protocol.
Article 6.
Criminalization
1. Each State Party shall adopt such legislative and other measures as
may be necessary to establish as criminal offences, when committed
intentionally and in order to obtain, directly or indirectly, a financial or other
material benefit:
(a) The smuggling of migrants;
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