Article 143(1) - Human trafficking
1. Purchase or sale of human beings, or any unlawful transactions in relation to them, as well as by means of threat, use of force or other forms of coercion, of abduction, blackmail, fraud, deception, by abuse of a position of vulnerability or power or by means of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, recruitment, carriage, concealing, hiring, transporting, providing, harbouring or receiving of a human being for exploitation, -
shall be punished by imprisonment for a term of seven to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three years.
2. The same act committed:
a) by the offender knowingly to a pregnant women;
b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;
c) by abusing the official position, -
shall be punished by imprisonment for a term of nine to fourteen years, with deprivation of the right to hold an office or to carry out activities for up to
three years.
3. The same act committed:
a) repeatedly;
b) against two or more persons;
c) by taking the victim abroad;
d) using violence or threat of violence which is dangerous for life or health;
e) by a group of persons with preliminary agreement, –
shall be punished by imprisonment for a term of 12 to 15 years, with deprivation of the right to hold an office or to carry out activities for up to three
years.
4. The act provided for in paragraphs 1, 2 or 3 of this article:
a) committed by an organised group;
b) caused the death of the victim or resulted in other grave consequences, -
shall be punished by imprisonment for a term of 15 to 20 years, with deprivation of the right to hold an office or to carry out activities for up to three
years.
Note:
1. For the purposes of this article and Article 143(2) of this Code, the following shall constitute exploitation for the purpose of gaining material or other benefit:
a) inducing a person to perform labour or other services;
b) inducing a person to provide sexual services;
c) engaging a person in criminal activities, prostitution, pornographic or other anti-social activities;
d) removing, transplanting or otherwise using an organ, part of an organ or tissue of the human body by force or deception;
e) subjecting a human being to practices similar to slavery or to modern-day slavery. Subjecting a human being to modern-day slavery shall mean
creation of such conditions when the person performs certain work or renders services in favour of another person in return for payment, inadequate
payment or without payment, and he/she is not able to change these circumstances because of his/her dependence on that person. Dependence on a
person may be caused by, among other things:
e.a) confiscation, control or intentional infringement of personal identification documents
e.b) restriction of the right to free movement or control of free movement;
e.c) restriction or control of communication (including correspondence and phone calls) with family members or other persons;
e.d) creation of coercive or threatening environment.
2. For the purposes of this article and Article 143(2), it does not matter whether a person consents to his/her pre-determined exploitation.
3. For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a
fine.
Article 143( 2)- Child trafficking
1. Purchase or sale of children, or other unlawful transactions in relation to them, as well as their recruitment, carriage, concealment, hiring,
transportation, provision, harbouring or reception for exploitation, -
shall be punished by imprisonment for eight to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three
years.
2. The same act committed:
a) by the offender knowingly to a pregnant women;
b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;
c) by abusing the official position, -
shall be punished by imprisonment for a term of 11 to 15 years, with deprivation of the right to hold an office or to carry out activities for up to three
years.
3. The same act committed:
a) repeatedly;
b) using coercion, blackmail or deception;
c) against two or more children;
d) by taking the victim abroad;
e) using violence or threat of violence dangerous for life or health;
f) by a group of persons with preliminary agreement, –
shall be punished by imprisonment for a term of 14 to 17 years, with deprivation of the right to hold an office or to carry out activities for up to three years.
4. The act provided for by paragraphs 1, 2 or 3 of this article:
a) committed by an organised group;
b) causing the death of the victim or other grave consequences, -
shall be punished by imprisonment for a term of 17 to 20 years, with deprivation of the right to hold an office or to carry out activities for up to three years or with life imprisonment.
Note: For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or with liquidation and a fine.
Article 143(3) – Abuse of services of a victim of (a person affected by) human trafficking
1. Premeditatedly using the services of a victim of a crime or of an affected person under Articles 143(1) and 143(2) of this Code, which is an exploitation
under Article 143(1) of the same Code, –
shall be punished by imprisonment for a term of three to five years.
2. The same act committed:
a) repeatedly;
b) knowingly by the offender against a pregnant woman;
c) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;
d) by abusing the official position, -
shall be punished by imprisonment for a term of five to seven years, with deprivation of the right to hold an office or to carry out activities for up to
three years.
3. The same act committed:
a) against two or more persons;
b) with violence or under the threat of violence which is dangerous for life or health;
c) by a group of persons with preliminary agreement, –
shall be punished by imprisonment for a term of seven to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three years.
4. The act provided for in paragraphs 1, 2 or 3 of this article committed by an organised group, -
shall be punished by imprisonment for a term of 12 to 15 years, with deprivation of the right to hold an office or to carry out activities for up to three years.
Note: A person who committed a crime under this Code shall be released from criminal liability if before the investigation was started he/she voluntarily provided information about this to the investigative authorities in writing or by using any technical means of communication, contributed to the conduct of investigation and his/her actions do not contain elements of any other crime.
