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International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
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offence
[
Global Index
]
ARTICLE-18
[
go to this ARTICLE
]
... 2.
Migrant workers
and
members
of their
families
who are charged with a
criminal offence
shall have the
right
to be presumed
innocent
until proven
guilty
according to
law
. ...
... 6. When a
migrant worker
or a
member
of his or her
family
has, by a
final decision
, been
convicted
of a
criminal offence
and when subsequently his or her
conviction
has been reversed or he or she has been pardoned on the ground that a new or newly
discovered
fact
shows conclusively that there has been a
miscarriage of justice
, the
person
who has
suffered
punishment
as a result of such
conviction
shall be compensated according to
law
, unless it is proved that the
non-disclosure
of the unknown
fact
in
time
is wholly or partly attributable to that
person
. ...
... 7. No
migrant worker
or
member
of his or her
family
shall be
liable
to be tried or punished again for an
offence
for which he or she has already been finally
convicted
or acquitted in
accordance
with the
law
and
penal
procedure
of the
State
concerned
. ...
ARTICLE-19
[
go to this ARTICLE
]
... 1. No
migrant worker
or
member
of his or her
family
shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
that did not
constitute
a
criminal offence
under
national
or
international law
at the
time
when the
criminal offence
was committed, nor shall a heavier
penalty
be imposed than the one that was applicable at the
time
when it was committed. If,
subsequent
to the
commission
of the
offence
,
provision
is made by
law
for the
imposition
of a lighter
penalty
, he or she shall
benefit
thereby. ...
... 1. No
migrant worker
or
member
of his or her
family
shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
that did not
constitute
a
criminal offence
under
national
or
international law
at the
time
when the
criminal offence
was committed, nor shall a heavier
penalty
be imposed than the one that was applicable at the
time
when it was committed. If,
subsequent
to the
commission
of the
offence
,
provision
is made by
law
for the
imposition
of a lighter
penalty
, he or she shall
benefit
thereby. ...
... 1. No
migrant worker
or
member
of his or her
family
shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
that did not
constitute
a
criminal offence
under
national
or
international law
at the
time
when the
criminal offence
was committed, nor shall a heavier
penalty
be imposed than the one that was applicable at the
time
when it was committed. If,
subsequent
to the
commission
of the
offence
,
provision
is made by
law
for the
imposition
of a lighter
penalty
, he or she shall
benefit
thereby. ...
... 1. No
migrant worker
or
member
of his or her
family
shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
that did not
constitute
a
criminal offence
under
national
or
international law
at the
time
when the
criminal offence
was committed, nor shall a heavier
penalty
be imposed than the one that was applicable at the
time
when it was committed. If,
subsequent
to the
commission
of the
offence
,
provision
is made by
law
for the
imposition
of a lighter
penalty
, he or she shall
benefit
thereby. ...
... 2.
Humanitarian
considerations
related to the
status
of a
migrant worker
, in particular with
respect
to his or her
right
of
residence
or
work
, should be taken into
account
in imposing a
sentence
for a
criminal offence
committed by a
migrant worker
or a
member
of his or her
family
. ...
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