2008-07-09
Chapter II - On the crime of trafficking in persons and connected crimes
Article 10
(Trafficking in persons)
All those who recruit, transport, give shelter to, supply or receive a person, by any means, including under pretext of domestic work, or work abroad, training or apprenticeships, forced labor, slavery, indentured servitude or debt servitude will be punished by 16 to 20 years of imprisonment.
Article 11
(Pornography and sexual exploitation)
All those who traffic in persons for money, profit or any other advantage, namely a Mozambican citizen dealing with a foreign citizen for purposes of marriage do acquire, buy, offer, sell or trade the person for involvement in pornography, sexual exploitation and forced labor, slavery, indentured servitude or debt servitude will be punished by 16 to 20 years of imprisonment.
Article 12
(Adoption for illicit purposes)
All those who adopt or facilitate adoption of persons for involvement in prostitution, sexual exploitation and forced labor, slavery, indentured servitude or debt servitude will be punished by 16 to 20 years of imprisonment.
Article 13
(Transportation and kidnapping)
All those who recruit, hire, adopt, transport or kidnap a person through threats or use of force, fraud, deceit, coercion or intimidation, for the purpose of removing or selling the internal organs of said person, will be punished by 16 to 20 years of imprisonment.
Article 14
(Lease of real estate for purposes of trafficking)
All those who knowingly rent or sublet or allow use of any house or structure for the purpose of trafficking in persons will be punished by 8 to 12 years of imprisonment.
Article 15
(Publicity and promotion of trafficking)
All those who publicize or advertise, print, transmit or distribute, or cause publicity, publication, printing, transmission or distribution, by any means, including use of information technologies and the internet, or any other propaganda material promoting trafficking in persons will be punished by 2 to 8 years of imprisonment.
Article 16
(Destruction of travel documents)
All those who confiscate, hide or destroy a passport, travel documents, documents or personal belongings of trafficked persons to prevent them from leaving the country or seeking the help of the Government or competent authorities will be punished by 2 to 8 years of imprisonment.
Article 17
(Financial benefits)
All those who knowingly benefit, financially or otherwise, or resort to work or services of a person subject to involuntary servitude, forced labor or slavery, shall be punished by 8 to 12 years of imprisonment.
Article 18
(Victim consent)
The victim's consent does not exclude or mitigate criminal liability attributable to the perpetrators of the crimes covered by this Law.
Article 19
(Supplementary penalties)
1. The former articles notwithstanding, should any foreign perpetrator be convicted of any of the crimes covered by this Law, it is possible to determine expulsion from the country after the convict has served prison time, save if national interest recommends immediate expulsion or any agreements to that effect are in place, having been subscribed by the government.
2. Conviction for these crimes, as envisioned by law, also entails:
a) that all movable and fixed assets, as well as profits from the crime will devolve upon the State;
b) prohibiting commercial activity, if the perpetrator conducts such activities, for a period of 5 to 10 years;
c) wind-up of the company, establishment or closure of the site where the facts have occurred for a period of 2 to 6 years;
d) confiscation and cancellation of licenses issued to the perpetrator;
e) prohibiting new activities that, due to their nature, might facilitate trafficking in persons;
f) payment of damages to the victim and compensation for harm or damage caused.
