Trafficking in persons
  • Offences

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

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

    • • Threat
      • Use of force
      • Abduction
      • Other forms of coercion
      • Fraud
      • 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
  • Exploitative Purposes

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

Timor-Leste

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Firearms Protocol

    Original Text

    Article 161

    Abduction

    1. Any person who, by means of violence, threat or deceit, transfers another person from one place to another with the intention to:

    a) Subject the victim to extortion;

    b) Commit crime of sexual exploitation, assault or abuse;

    c) Obtain ransom or reward; or

    d) Compel public authorities or any third party to commit or refrain from committing an act, or to coercively accept an activity,

    is punishable with 4 to 12 years imprisonment.

    2. If any of the circumstances provided in subarticle 2 of article 160 occurs, the applicable penalty is 5 to 15 years imprisonment.

    Article 162

    Enslavement

    1. Any person who, by any means, places a fellow human being in a situation of enslavement or makes use of a person in such a condition is punishable with 8 to 20  years imprisonment.

    2. The consent of the victim is irrelevant if any of the means referred to in the following article were used.

    3. For purposes of application of provisions in this article, a person is considered to be in a condition of enslavement whenever, even if only de facto, said person is under submission to powers corresponding to those of property rights, or to any concrete right, or is bound to the disposal of any thing.

    Article 163

    Human trafficking

    1. Any person who recruits, assigns, purchases, transports, transfers, houses or receives persons, through use of threats, force or other forms of coercion, kidnapping, fraud, trickery, abuse of power or situation of vulnerability, or by means of delivery or acceptance of payments or benefits, to obtain the consent of a person with authority over another, for purposes of exploitation, shall be punishable with 8 to 20 years imprisonment.

    2. The penalty referred to in the subarticle above shall apply to any person who recruits, transports, transfers, houses or receives a minor under the age of 17 for the purpose of exploiting the same, even if none of the means referred to in the subarticle above are involved.

    3. For the purpose of applying the provisions of this article, exploitation shall include but is not limited to exploitation through prostitution of another person or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or extraction of organs.

    4. Consent of the victim is irrelevant, if any of the means referred to in subarticle 1 were employed.

    Article 164

    Aggravation

    If the acts described in articles 162 and 163 are committed:

    a) As a means to facilitate sexual exploitation or use of the victim, by the perpetrator or a third party;

    b) The victim is a minor under the age of 17;

    c) The victim is in a foreign country or travelling to a foreign country;

    d) The victim is used, against his/her will, in the commission of crimes; or

    e) The perpetrator is engaged in an activity that grants the same public or religious authority before a group, region or entire country;

    Said perpetrator shall be punishable with 12 to 25 years imprisonment.

    Article 165

    Trafficking in human organs

    1. Any person who obtains, sells, assigns, purchases, transports or transfers tissues, organs, substances or parts of the human body of third parties without consent or through use of threats, force or other forms of coercion, kidnapping, fraud, deceit, abuse of authority or situation of vulnerability, or by means of delivery or acceptance of payments or benefits, or assists in the collection, transaction, transport or storage of the above shall be punishable with 3 to 10 years imprisonment.

    2. If commission of any of the acts mentioned in the subarticle above results in any of the effects provided for in article 146 or the death of the victim, the perpetrator shall be punishable with 4 to 12 years imprisonment and 5 to 20 years imprisonment, respectively.

    3. Consent of the victim is criminally irrelevant, if any of the means referred to in subarticle 1 were used.

    Article 166

    Sale of persons

    1. Any person who, apart from the cases provided in article 163, by any act or other means of transaction, transfers a person, or group of persons, to another person or group of persons against payment of any sum or any other exchange, reward or advantage, is punishable with 2 to 8 years imprisonment.

    2. If the acts referred to in the previous subarticle are committed:

    a) Against a minor aged less than 17 years;

    b) Through abuse of authority arising from a family relationship, ward or guardianship, or hierarchical, economic or labor-related dependence;

    c) Through taking advantage of any office or authority held, in any capacity, in a prison, educational or correctional establishment, hospital, mental institution, rest home, clinic or other health establishment or establishment intended to provide assistance or treatment; or

    d) Upon an unconscious or incapable person who is particularly vulnerable by virtue of disease, physical or mental deficiency;

    Said perpetrator is punishable with 4 to 12 years imprisonment.

    3. Consent of the victim or third party who exerts any form of power over the victim is criminally irrelevant.

     
     
     

    Attachments

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