Coercion, Exploitation and Trafficking Red Flags

1. Illegal restriction of a person’s freedom to act, i.e. coercing him/her physically or mentally to perform or not to perform an action, performance of or abstaining from performance of which is his/her right, or to make him/her experience an influence against his/her own will, –

shall be punished by a fine, or corrective labour for a term of up to one year or house arrest for a term of six months to two years, or imprisonment for a term of up to one year, with or without restriction of the rights regarding weapons.

2. The same act committed:

a) knowingly by an offender against a minor, a person in a helpless condition, a person with disability or a pregnant woman;

b) by a group of persons;

c) repeatedly, –

shall be punished by corrective labour for a term of up to two years, or imprisonment for a term of up to eighteen months, with or without restriction of the rights regarding weapons.

The consolidated official source is listed in the source section at the end of this guide.

1. Purchase or sale of human beings, or any unlawful transactions in relation to them, by means of threat, use of force or other forms of coercion, of abduction, blackmail, fraud, deception, by abuse of a position of vulnerability or power or by means of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, as well as recruitment, carriage, concealing, hiring, transporting, providing, harbouring or receiving of a human being for exploitation, –

shall be punished by imprisonment for a term of seven to twelve years, with deprivation of the right to hold an office or to carry out activities for up to three years.

2. The same act committed:

a) by the offender knowingly to a pregnant woman;

b) knowingly by the offender against a helpless person or a person who financially or otherwise depends on the offender;

c) by abusing the official position, –

shall be punished by imprisonment for a term of nine to fourteen years, with deprivation of the right to hold an office or to carry out activities for up to three years.

3. The same act committed:

a) repeatedly;

b) against two or more persons;

c) by taking the victim abroad;

d) using violence or threat of violence which is dangerous for life or health;

e) by a group of persons with preliminary agreement, –

shall be punished by imprisonment for a term of 12 to 15 years, with deprivation of the right to hold an office or to carry out activities for up to three years.

4. The act provided for in paragraphs 1, 2 or 3 of this article:

a) committed by an organised group;

b) that caused the death of the victim or resulted in other grave consequences, –

shall be punished by imprisonment for a term of 15 to 20 years, with deprivation of the right to hold an office or to carry out activities for up to three years.

Note:

1. For the purposes of this article and Article 1432 of this Code, the following shall constitute exploitation for the purpose of gaining material or other benefit:

a) inducing a person to perform labour or other services;

b) inducing a person to provide sexual services;

c) engaging a person in criminal activities, prostitution, pornographic or other anti-social activities;

d) removing, transplanting or otherwise using an organ, part of an organ or tissue of the human body by force or deception;

e) subjecting a human being to practices similar to slavery or to modern-day slavery. Subjecting a human being to modern-day slavery shall mean creation of such conditions when the person performs certain work or renders services in favour of another person in return for payment, inadequate payment or without payment, and he/she is not able to change these circumstances because of his/her dependence on that person. Dependence on a person may be caused by, among other things:

e.a) confiscation, control or intentional unlawful handling of personal identification documents;

e.b) restriction of the right to free movement or control of free movement;

e.c) restriction or control of communication (including correspondence and phone calls) with family members or other persons;

e.d) creation of coercive or threatening environment.

2. For the purposes of this article and Article 1432 of this Code, it does not matter whether a person consents to his/her pre-determined exploitation.

3. For the acts provided for by this article, a legal person shall be punished by deprivation of the right to carry out activities or by liquidation and a fine.

The consolidated official source is listed in the source section at the end of this guide.