立法数据库

贩运人口
  • 犯罪

    • • 贩运人口(成人)
      • 拐卖儿童(18岁以下)
  • 所涉行为

    • • 运输
      • 征聘/雇用
      • 转移
      • 窝藏
      • 收到
      • 购买/采购/销售
      • 作为共犯参与犯罪
      • 组织和指挥他人
  • 所用手段

    • • 威胁使用武力或其他形式的胁迫
      • 诱拐
      • 欺诈
      • 欺骗
      • 滥用权力或趁机敲诈脆弱处境者
      • 给予或收受酬金或利益以取得对另一人有控制权的人同意
  • 剥削目的

    • • 利用他人卖淫进行剥削或其他形式的性剥削
      • 强迫劳动或服务
      • 奴役或类似奴役的做法
      • 奴役
      • 摘除器官

UNTOC 文献

  • 有组织犯罪公约

  • 贩运人口议定书

  • 任何物品
  • 偷运移民议定书

  • 枪支议定书

     

    原始案文

    14. Any person who -
    (a) imports another person into Nigeria, knowing or having reason to know that the person will be forced or induced into prostitution or other forms of exploitation in Nigeria or while in transit; or
    (b) exports another person from Nigeria, knowing or having reason to know, that the person will be forced or induced into prostitution or other forms of exploitation in the
    country to which the person is exported or while in transit;

    commits an offence and is liable on conviction to imprisonment for a term of not less
    than 5 years and to a fine of not less than N1,000,000.00.

    15. Any person who by the use of force, deception, threat, coercion, debt bondage (immediate or in the near future) or any means whatsoever –
    (a) causes or induces any person to be conveyed from his usual place of abode or from one place to another, knowing or having reason to know that such person is likely to be forced or induced into prostitution or other forms of exploitation with or by any person or an animal; or
    (b) keeps, detains or harbours any other person with intent, knowing or having reason
    to know that such a person is likely to be forced or induced into prostitution or other forms of exploitation with or by any person or an animal,

    commits an offence and is liable on conviction to imprisonment for not less than5
    years and to a fine of not less than N500,000.00.

    16. (1) Any person who procures or recruits any person under the age of 18 years to be
    subjected to prostitution or other forms of exploitation with himself, any person or ersons,
    either in Nigeria or anywhere else, commits an offence and shall be liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.

    (2) Any person who procures or recruits any person under the age of 18 years to be conveyed from his usual place of abode, knowing or having reasons to know that such a person may be subjected or induced into prostitution or other forms of exploitation in any place outside Nigeria, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.

    17. (1) Any person who -
    (a) procures, recruits, uses or offers any person under the age of 18 years for the production of pornography or for pornographic performances; or
    (b) allows a person under the age of 18 years to be harboured in a brothel, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.

    (2) Notwithstanding the punishment prescribed in subsection (1) of this section, a convicted person under this Section shall in addition to the prescribed punishment be liable to a term of not less than 1 year imprisonment where he administered or stupefied the victim with any drug substance.

    18. Any person, who organizes, facilitates or promotes foreign travels, which promote
    prostitution or other forms of exploitation of any person or encourages such activity, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.

    19. Any person who traffics any person under the age 18years for the purpose of forced or compulsory recruitment for use in armed conflict, commits an offence and is liable on
    conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N1,000,000.00.

    20. (1) Any person who -
    (a) through force, deception, threat, debt bondage or any form of coercion-
    (i) abuses a position of power or situation of dominance or authority arising from a given circumstance; or
    (ii) abuses a vulnerable situation; or
    (b) through the giving or receiving of payments or benefits; in order to induce or obtain
    the consent of a person directly or through another person who has control over him;
    enlists, transports, delivers, accommodates or takes in another person for the purpose of
    removing the person’s organs; commits an offence and is liable on conviction to
    imprisonment for a term of not less than 7 years and to a fine of not less than N5,000,000.00.

    (2) Without prejudice to the provisions of subsection (1) of this section, a person who procures or offers any person, assists or is involved in anyway –
    (a) in the removal of human organs; or
    (b) buying and selling of human organs,

    commits an offence and is liable on conviction to imprisonment for a term of not less
    than 7 years and to a fine of not less than N5,000,000.00.

    (3) Any person who enlists, transports, delivers, accommodates or takes in another person under the age of 18 years, for the purpose of removing the person’s organs, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N5,000,000.00.

    21. Any person who buys, sells, hires, lets or otherwise obtains the possession or disposal of any person with intent, knowing it to be likely or having reasons to know that such a person will be subjected to exploitation, commits an offence and is liable on conviction to imprisonment for a term of not less than 5 years and to a fine of not less than N2,000,000.00.

    22. Any person who -
    (a) requires, recruits, transports, harbours, receives or hires out a person to be used for
    forced labour within or outside Nigeria; or
    (b) permits any place or premises to be used for the purpose of forced labour,

    commits an offence and is liable on conviction to imprisonment for a term of not less
    than 5 years and to a fine of not less than N1,000,000.00.

    23. (1) Any person who –
    (a) employs, requires, recruits, transports, harbours, receives or hires out, a child under the age of 12 years as a domestic worker, commits an offence and is liable on conviction to imprisonment for a minimum term of 6 months and not exceeding 7 years;
    (b) employs, requires, recruits, transports, harbours, receives or hires out, a child to do
    any work that is exploitative, injurious or hazardous to the physical, social and psychological development of the child, commits an offence and is liable on conviction to imprisonment for a minimum term of 2 years but not exceeding 7 years without an option of fine.

    (2) Notwithstanding the punishment prescribed in subsection (1) of this Section, a convicted person under this section shall in addition to the prescribed punishment be liable to –
    (i) a term of not less than 2 years imprisonment where the child is denied payment or
    reasonable compensation for services rendered;
    (ii) a term of not less than 3 years where the child is defiled or inflicted with bodily
    harm.

    24. Any person who recruits, imports, exports, transfers, transports, buys, sells, disposes or in any way traffics in any person as a slave or accepts, receives, detains or harbours a person as a slave, commits an offence and is liable on conviction to imprisonment for a term of not less than 7 years and to a fine of not less than N2,000,000.00.

    25. Any person who –
    (a) deals, keeps, receives or harbours any person for the purpose of holding or treating
    that person as a slave;
    (b)places, receives, harbours or holds any person as a pledge, pawn, in servitude or
    security for debt or benefits; whether due or to be incurred;
    (c) transports, transfers or in any way induces any person to come into Nigeria in order
    to hold, possess, deal or treat such person as a slave or to be used as a pledge or
    security for debt; and
    (d) enters into any contract or agreement with or without consideration for the purpose
    of doing or accomplishing any of the purposes enumerated in this section, commits an offence and is liable on conviction to imprisonment for a term of not less than 7
    years and to a fine of not less than N2,000,000.00

    26. (1) Any person who knowingly, in order to obtain, directly or indirectly a financial or
    material benefit, procures the illegal entry of a person into a country of which the person is not a citizen or a permanent resident commits an offence, and is liable on conviction to
    imprisonment for a term of not less than 5 years without an option of fine.

    (2) Any person who, intentionally in order to obtain a financial or material benefit from
    another person, engages in fraudulent acts or conducts purportedly for the purpose of
    procuring, facilitating or promoting the actual or intended entry into, transit across or stay in a country in which that other person is not a national or a permanent resident commits an offence, and is liable on conviction to imprisonment for a term of not less than 5 years without an option of fine and shall refund all monies fraudulently obtained from the victims.

    (3) For the purpose of subsection (1) of this section “illegal entry” shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State.

    27. Any person who conspires with another to commit an offence under this Act is liable:
    (a) where the offence is committed to the punishment provided for the commission of
    the offence; and
    (b) where the offence is not committed, to a punishment which is half the punishment for the offence.

    ....

     
     
     

    评注

    Please refer to the attachment above for the full original English text of Nigeria's Trafficking in Persons (Prohibition), Enforcement and Administration Act.