Database of Legislation

Section 232: Human trafficking

(1) Whosoever recruits, transports, transfers, harbours or receives another person, either under twenty-one years of age or by taking advantage of that person’s personal or financial predicament or helplessness arising from being in a foreign country, shall be liable to imprisonment from six months to five years, if

• 1. that person is to be exploited by way of him
  • a) engaging in prostitution or performing sexual acts on or in the presence of the offender or a third person, or suffering sexual acts on his person by the offender or a third person,
  • b) working,
  • c) begging, or
  • d) committing criminal offences,
• 2. that person is to be held in slavery, servitude, bonded labour, or under corresponding or similar conditions, or
• 3. an organ is to be illegally removed from that person.

A person shall be deemed to be exploited by way of him working within the meaning of the 1st sentence No 1(b) above if the work, in serving the ruthless pursuit of profit, takes place under working conditions that are in clear discrepancy to those of other workers performing the same or a similar activity (exploitative work).

(2) Whosoever, with respect to another person to be exploited in the manner indicated in subsection (1) 1st sentence Nos 1 to 3 above,

• 1. recruits, transports, transfers, harbours or receives that person by force, by threat of serious harm or by deception, or
• 2. abducts that person or gains physical control over him or encourages a third person to gain physical control over him,

shall be liable to imprisonment from six months to ten years.

(3) In cases under subsection (1) above the penalty shall be imprisonment from six months to ten years, if

• 1. the victim is under eighteen years of age at the time of the offence,
• 2. the offender seriously physically abuses the victim or, by way of the offence or an act committed during the offence, at least by gross negligence places the victim in danger of death or serious injury, or
• 3. the offender acts on a commercial basis or as a member of a gang whose purpose is the continued commission of such offences.

In cases under subsection (2) above the penalty shall be imprisonment from one year to ten years if the offence was committed under one of the circumstances set out in the 1st sentence Nos 1 to 3 above.

(4) In cases under subsections (1), (2) and (3) 1st sentence above the attempt shall be punishable.

Section 232a: Forced prostitution

(1) Whosoever causes another person by taking advantage of that person’s personal or financial predicament or helplessness arising from being in a foreign country, or causes another person under twenty-one years of age,

• 1. to engage in or continue to engage in prostitution, or
• 2. by way of which he is exploited, to perform sexual acts upon or in the presence of the perpetrator or a third person, or to allow sexual acts to be performed on his person by the perpetrator or a third person,

shall be liable to imprisonment from six months to ten years.

(2) The attempt shall be punishable.

(3) Whosoever by force, by threat of serious harm or by deception causes another person to engage in or continue to engage in prostitution or the sexual acts indicated in subsection (1) No 2 above shall be liable to imprisonment from one year to ten years.

(4) In cases under subsection (1) above the penalty shall be imprisonment from one year to ten years, and in cases under subsection (3) above the penalty shall be imprisonment for not less than one year, if the offence was committed under one of the circumstances set out in section 232(3) 1st sentence Nos 1 to 3 above.

(5) In less serious cases under subsection (1) above the penalty shall be imprisonment from three months to five years; in less serious cases under subsections (3) and (4) above the penalty shall be imprisonment from six months to ten years.

(6) Whosoever, in return for consideration, performs sexual acts upon or allows sexual acts to be performed on his person by a person engaging in prostitution who has been the victim of

1.human trafficking pursuant to section 232(1) 1st sentence No 1(a) above, also in conjunction with section 232(2) above, or

2.an offence pursuant to subsections (1) to (5) above,

and in doing so takes advantage of that person’s personal or financial predicament or helplessness arising from being in a foreign country, shall be liable to imprisonment from three months to five years. A person who voluntarily reports an offence pursuant to the 1st sentence Nos 1 or 2 above committed against a person engaging in prostitution pursuant to the 1st sentence above to the competent public authority or voluntarily causes such a report to be made shall not be liable to punishment pursuant to the 1st sentence above, unless the act had already been discovered in whole or in part at the time and the offender knew or could reasonably have known this.

Section 232b: Forced labour

(1) Whosoever causes another person by taking advantage of that person’s personal or financial predicament or helplessness arising from being in a foreign country, or causes another person under twenty-one years of age,

• 1. to engage in or continue to engage in exploitative work (section 232(1) 2nd sentence above),
• 2. to enter into slavery, servitude, bonded labour, or corresponding or similar conditions, or
• 3. to engage in or continue to engage in begging, as a result of which that person is exploited,

shall be liable to imprisonment from six months to ten years.

(2) The attempt shall be punishable.

(3) Whosoever by force, by threat of serious harm or by deception, causes another person

• 1. to engage in or continue to engage in exploitative work (section 232(1) 2nd sentence above),
• 2. to enter into slavery, servitude, bonded labour, or corresponding or similar conditions, or
• 3. to engage in or continue to engage in begging, as a result of which that person is exploited,

shall be liable to imprisonment from one year to ten years.

(4) Section 232a(4) and (5) above shall apply mutatis mutandis.

Section 233: Exploitation of labour force

(1) Whosoever exploits another person by taking advantage of that person’s personal or financial predicament or helplessness arising from being in a foreign country, or exploits another person under twenty-one years of age, by way of that person

• 1. engaging in work pursuant to section 232(1) 2nd sentence above,
• 2. engaging in begging, or
• 3. committing criminal offences,

shall be liable to imprisonment not exceeding three years or a fine.

(2) The penalty shall be imprisonment from six months to ten years, if

• 1. the victim is under eighteen years of age at the time of the offence,
• 2. the offender seriously physically abuses the victim or, by way of the offence or an act committed during the offence, at least by gross negligence places the victim in danger of death or serious injury,
• 3. the offender, by withholding from the victim in full or in part the usual consideration paid for the activity he is engaged in, places the victim in financial hardship or substantially increases existing financial hardship, or
• 4. the offender acts as a member of a gang whose purpose is the continued commission of such offences.

(3) The attempt shall be punishable.

(4) In less serious cases under subsection (1) above the penalty shall be imprisonment not exceeding two years or a fine; in less serious cases under subsection (2) above the penalty shall be imprisonment from three months to five years.

(5) Whosoever encourages an offence pursuant to subsection (1) above by

• 1. acting as an intermediary arranging exploitative work (section 232(1) 2nd sentence above),
• 2. renting out business premises, or
• 3. renting out living space to the person to be exploited

shall be liable to imprisonment not exceeding two years or a fine.

The 1st sentence above shall not apply if the offence is subject to a more severe penalty under other provisions.

Section 233a: Exploitation by taking advantage of unlawful imprisonment

(1) Whosoever imprisons another person or otherwise deprives him of his freedom and exploits that person in that situation by having that person

• 1. engaging in prostitution,
• 2. engaging in work pursuant to section 232(1) 2nd sentence,
• 3. engaging in begging, or
• 4. committing criminal offences,

shall be liable to imprisonment not exceeding three years or a fine.

(2) The attempt shall be punishable.

(3) In cases under subsection (1) above the penalty shall be imprisonment from one year to ten years if the offence was committed under one of the circumstances set out in section 233(2) Nos 1 to 4 above.

(4) In less serious cases under subsection (1) above the penalty shall be imprisonment from three months to five years; in less serious cases under subsection (3) above the penalty shall be imprisonment from six months to ten years.