E/CN.4/2004/76/Add.2 page 8 himself, and the requirements will be the same as for nationals, although in the case of work for others, account will be taken of the national employment situation and, in the case of the first authorization, the sector or activity and the geographical area may be limited. In addition to this procedure there is the quota or allocation system, which establishes the number of necessary workers whom it has not been possible to recruit from among Spanish nationals; these quotas are distributed around the various provinces and labour sectors in the light of the national employment situation. In order to participate in this system, the migrant must apply for the job in question from his or her country or origin. In addition, other categories of migration are established, such as those that which do not require a work permit, seasonal workers, transfrontier workers and transnational services. 3. Return and expulsion 17. In the event of an infringement of the law, the person in question may be expelled from the country. Expulsion is a punitive process which carries with it a ban on entry into the Schengen area for a period of 3 to 10 years. Return is a rapid form of repatriation applicable to immigrants who try to enter Spain illegally. In accordance with the regulations on immigration, attempts at illegal entry are understood to include interception at the frontier or in its immediate vicinity. The purpose of return is to prevent illegal entry; it carries no penalties. If return is ordered, the period of detention and stay on Spanish territory may not exceed 72 hours. Once a decision to return the migrant has been taken, if return cannot be carried out, the migrant is informed of his obligation to leave the territory and he is left at liberty. If he does not leave Spain within the stipulated period, the expulsion procedure is initiated. For 72 hours the migrant will be held in precautionary detention, failing which the examining judge will order full detention. In both cases the Ministry of Foreign Affairs and the embassy or consulate of the migrant’s country will be informed. 18. The amendment of the Criminal Code by Organization Act No.11/2003 of 29 September 2003, introducing specific measures relating to public safety, domestic violence and social integration of immigrants, stipulates that a custodial sentence of less than six years imposed on an illegal immigrant shall be replaced by an expulsion order. In the case of a foreigner illegally present in Spain, working in Spain without the necessary permit or engaging in activities prejudicial to public order, the penalty of expulsion may be imposed following completion of the corresponding administrative procedure. 19. A number of NGOs told the Special Rapporteur of their concern that the above-mentioned measure might violate the right of presumption of innocence in that a foreigner accused of an offence would be punished by expulsion and a ban on entry for up to 10 years, even though he might subsequently be acquitted, and about the possible lack of guarantees for foreigners throughout the proceedings. 20. Detention is one of the precautionary measures taken during the expulsion procedure; it is not of a penal character and may not exceed 40 days. It may be applied for in the following cases: when the foreigner is present in Spain illegally; when renewal of a permit has not been applied for; failure to comply with orders issued for reasons of public safety, periodic attendance orders, or orders to stay away from frontiers or specifically mentioned localities; participation in activities prejudicial to public order, characterized as serious, or in activities prejudicial to the external security of the State or which may prejudice Spain’s relations with other countries, or involvement in activities prejudicial to public order, characterized as very serious in Organization