Trafficking in persons

    China

    Criminal Law of the People's Republic of China

     Article 240-241

    Entry into Force Date:

    1997-10-01
     

    UNTOC Articles

    • Organized Crime Convention

    • Trafficking in Persons Protocol

    • Any Article
    • Smuggling of Migrants Protocol

    • Firearms Protocol

      Original Text

      Article 240

      Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and concurrently be sentenced to a fine. Under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property. If the circumstances are especially serious, the offender shall be sentenced to death, and concurrently be sentenced to confiscation of property:

      (1)

      being a ringleader of a group engaged in the abduction of and trafficking in women or children;

      (2)

      abducting and trafficking in three or more women and/or children;

      (3)

      raping the woman who is abducted and trafficked in;

      (4)

      enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such woman to any other person or persons who will force the woman to engage in prostitution;

      (5)

      for the purpose of selling the victim, kidnapping a woman or a child by means of violence, threat or anaesthesia;

      (6)

      for the purpose of selling the victim, stealing an infant or a baby;

      (7)

      causing severe bodily injury or death or other serious consequences of the woman or child who is abducted and trafficked in or of their relatives; or

      (8)

      selling a woman or a child out of the territory of China.

      "Abducting and trafficking in a woman or a child" refers to any act of abducting, kidnapping, buying, trafficking in, fetching or sending, or transferring a woman or a child for the purpose of selling the victim.

       

      Article 241

      Whoever buys a woman or a child who is abducted and trafficked in shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

      Whoever buys a woman who is abducted and trafficked in and has sexual relations with her against her will shall be decided a crime and punished according to the provisions of Article 236 of this Law.

      Whoever buys a woman or a child who is abducted and trafficked in and illegally deprives her/him of her/his personal freedom or restricts her/his personal freedom or commits any criminal act of injuring or insulting shall be decided a crime and punished according to the relevant provisions of this Law.

      Whoever buys a woman or a child who is abducted and trafficked in and commits any criminal act as prescribed in the second or third paragraph shall be punished according the provisions regarding combined punishment for several crimes.

      Whoever buys a woman or a child who is abducted and trafficked in and sells the victim afterwards shall be decided a crime and punished according to the provisions of Article 240 of this Law.

      Whoever, having bought a woman or a child who is abducted and trafficked in, does not obstruct the woman from returning to her original place of residence according to her will, or does not maltreat the child nor obstruct his or her rescue, may be exempted from being investigated for criminal responsibility.

       
       
       

      Comment

      Please note that this legislative reference stems from unverified non-governmental sources.
      Please note that this is an unofficial translation.
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