Database of Legislation

Trafficking in persons
  • Offences

    • • Trafficking in persons (adults)
      • Trafficking in children (under 18 years)
  • Acts Involved

    • • Recruitment/Hiring
      • Transportation
      • Transfer
      • Buying/Purchasing/Selling
  • Means Used

    • • Threat of the use of force or of other forms of coercion
      • Deception
      • Abuse of power or a position of vulnerability
      • Giving or receiving payments or benefits to achieve the consent of a person having control over another person
      • Fraud
  • Exploitative Purposes

    • • Forced labour or services
      • Servitude
      • Exploitation of the prostitution of others or other forms of sexual exploitation
      • Slavery or practices similar to slavery
      • Removal of organs

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Trafficking in Persons

    Article 444

    (1) Anyone who by use of force or threat, deceiving or keeping in deception, abuse of power, trust, dependence, position of vulnerability of another person, dispossession of personal documents or giving or receiving payments or other undue advantage to achieve the consent of a person having control over another person commits any of the following: recruits, transports, transfers, surrenders, sells, buys, mediates in sale, conceals or keeps another person for the purpose of exploitation of his labour, forced

    labour, submission to servitude, commission of criminal activity, prostitution or other type of sexual exploitation, beggary, exploitation for pornographic purposes, unlawful extraction of organs for transplantation, or for exploitation in armed conflicts shall be punished by a prison term from one to ten years.

    (2) The acts under para. 1 above shall constitute criminal offences when committed against minors even where the perpetrator did not use force, threat or any other of the methods listed above.

    (3) Where the offence under para. 1 above was committed against a minor, the perpetrator shall be punished by a prison term not shorter than three years.

    (4) Where the offence under paras 1 to 3 above resulted in a serious bodily injury, the perpetrator shall be punished by a prison term from one to twelve years.

    (5) Where the offence under paras 1 and 3 above resulted in the death of one or more persons, the perpetrator shall be punished by a prison term not shorter than ten years.

    (6) Anyone who regularly engages in the commission of the criminal offences under paras 1 to 3 above or where the offence was committed by several persons in an organised manner shall be punished by a prison term not shorter than ten years.

    (7) Anyone who uses the services of a person knowing that the person is a victim of the offence under para. 1 above shall be punished by a prison term from six months to five years.

    (8) Where the offence under para. 7 above was committed against a minor, the perpetrator shall be punished by a prison term from three to fifteen years.

    Trafficking in Children for Adoption

    Article 445

    (1) Anyone who abducts for adoption a person who has not reached the age of fourteen in breach of valid regulations or anyone who adopts such a person or mediates in such adoption or whoever for that purpose buys, sells or surrenders another person who has not reached the age of fourteen or who transports, provides accommodation for or conceals such a person shall be punished by a prison term from one to five years.

    (2) Anyone regularly engages in the commission of the offences referred to in para. 1 above or participates in their organized commission together with several other persons shall be punished by a prison term not shorter than three years.

    Submission to Slavery and Transportation of Enslaved Persons

    Article 446

    (1) Anyone who, in breach of rules of international law, submits another person to slavery or other similar position or keeps another person in such a position, or who buys, sells, surrenders to another person or mediates in buying, selling or surrendering of such a person or who incites another person to sell his own freedom or freedom of persons he supports or cares for shall be punished by a prison term from one to ten years.

    (2) Anyone who transports persons in the position of slavery or other similar position from one country to another shall be punished by a prison term from six months to five years.

    (3) A perpetrator who commits the offences under paras 1 and 2 above against a minor shall be punished by a prison term from five to fifteen years.

     
     
     

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    Comment

    Please note that this law is not from an official source.
    Please not this is an unofficial translation.