The Concept of Trafficking and Labour Exploitation
Labour exploitation is punished under the Criminal Code within the framework of trafficking; the foundation of this page is Article 143-1 on trafficking and Article 143-3 on using the services of a victim. Article 143-1 covers the buying or selling of a person, any other unlawful transaction, as well as the recruitment, transfer, harbouring, hiring, transportation, handing over or receipt of a person for the purpose of exploitation — by threat, violence or another form of coercion, abduction, blackmail, fraud, deception, abuse of a helpless condition or of power, or by giving or receiving payment or benefit to achieve the consent of a person who has influence over another. For the purposes of this norm, exploitation includes, among others, forced labour or services and placing a person in conditions of contemporary slavery.
Contemporary slavery is described precisely in the law: a condition in which a person, with remuneration, inadequate remuneration or without it, performs work or services for another and cannot change this circumstance because of dependence. Dependence may be caused by the confiscation, control or deliberate infringement of an identity document, restriction of free movement, restriction of communication with family or others, or the creation of a coercive or intimidating environment. The decisive rule: the consent of a person to their premeditated exploitation has no significance.
Sanctions under the Basic and Aggravated Parts
Under the basic part, trafficking is punished by imprisonment for a term of 7 to 12 years, with deprivation of the right to hold office or carry on activity for up to 3 years. The same act committed with prior knowledge against a pregnant woman, against a person in a helpless condition or dependent on the offender, or through abuse of an official position, is punished by imprisonment for 9 to 14 years with the same supplementary deprivation for up to 3 years.
The same act committed repeatedly, against 2 or more persons, with the victim's removal abroad, by violence dangerous to life or health or the threat of it, or by a group with prior agreement, is punished by imprisonment for 12 to 15 years. An act committed by an organised group, or one that caused the victim's death or another grave consequence, is punished by 15 to 20 years. A legal person is punished for these acts by deprivation of the right to activity or liquidation and a fine.