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.
Using the Services of a Victim
Article 143-3 covers a distinct act: knowingly using such services of a victim of trafficking as constitute exploitation — punished by imprisonment for 3 to 5 years. The same act committed repeatedly, against a pregnant woman, a person in a helpless condition or a dependent person, or through abuse of official position, is punished by 5 to 7 years; against 2 or more persons, by dangerous violence or by a group — 7 to 12 years; by an organised group — 12 to 15 years, with deprivation of the right to hold office or carry on activity for up to 3 years.
A special note of this norm concerns exemption: a person who committed this act is released from criminal liability if, before the start of the investigation, they voluntarily provided the information to investigative bodies through writing or any technical means of communication, facilitated the conduct of the investigation, and their act contains no signs of another crime.
The Boundaries of Qualification and Defence Emphases
The central question in a labour-exploitation case is coercion: the investigation must establish whether the person was genuinely free to decide. This is where the defence finds its room: confiscation of documents, restriction of movement, control of communication and a coercive environment — each of these signs must be confirmed by evidence, and their absence takes the act outside the framework of trafficking.
The second emphasis concerns the norm on using a victim's services: it addresses a subject distinct from the provider of labour — a person who knows that the service bears the signs of exploitation and benefits from it nonetheless. The exemption conditions of that norm are formulated precisely in the law and constitute a separate instrument for the defence.
Frequently Asked Questions
What counts as labour exploitation?
Forced labour or services, including placing a person in conditions of contemporary slavery — a circumstance the person cannot change because of dependence.
Does the victim's consent matter?
No — the consent of a person to their premeditated exploitation has no significance under the law.
What is the sanction under the basic part?
Imprisonment from 7 to 12 years, with deprivation of the right to hold office or carry on activity for up to 3 years.
Is exemption from liability possible?
Yes — for using a victim's services, where the information was provided voluntarily before the investigation and the act contains no other crime.
How We Help on Legal.ge
On Legal.ge we defend both accused persons and victims in trafficking cases: we analyse the qualification, examine the signs of dependence and coercion, and build the position towards each part of the sanction. Contact us — we will assess your situation within the precise boundaries of these norms of the Code.