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THE CRIMINAL CODE OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

 

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Article 210a
Trafficking in Human Beings

(1) Whoever, by use of force or threat of use of force or other forms of coercion, abduction,
fraud or deception, abuse of power or influence or a position of vulnerability, or by giving or
receiving payments or other benefits to achieve the consent of a person having control over
another person, recruits, transports, transfers, harbours or receives a person for the purpose
of exploitation of that person, shall be punished by imprisonment for a term of at least five
years.
(2) Whoever recruits, solicits, transports, transfers, harbours or receives a person younger
than 18 years of age with the purpose of exploitation through prostitution or other forms of
sexual exploitation, forced labour or services, slavery or similar status, servitude or the
removal of body parts or of some other type of exploitation, shall be punished by
imprisonment for a term of at least ten years.
(3) Exploitation, for the purpose of this Article, means: prostitution of another person or
other forms of sexual exploitation, forced labour or services, forced begging, slavery or
similar status, servitude or the removal of body parts or some other type of exploitation.
(4) If the criminal offense referred to in Paragraphs (1) and (2) of this Article is committed
by an official person while discharging official duties, the perpetrator shall be punished by
imprisonment for a term of at least ten years.
(5) Whoever counterfeits, procures or issues travel or identification document, or uses,
withholds, seizes, alters, damages or destroys travel or identification documents of another
person with the purpose of facilitating trafficking in human beings, shall be punished by
imprisonment for a term between one and five years.
(6) Whoever uses the services of a victim of trafficking in human beings shall be punished by
imprisonment for a term of six months to five years.
(7) If the perpetration of the criminal offense referred to in Paragraphs (1) and (2) of this
Article caused serious health damage, grievous bodily harm or the death of the persons
referred to in Paragraphs (1) and (2) of this Article, the perpetrator shall be punished by
imprisonment for a term of at least ten years or long-term imprisonment.
(8) Items, vehicles and facilities used for the perpetration of the offense shall be confiscated.
(9) Consent of the victim of trafficking in human beings to the exploitation bears no relevance
to the existence of the criminal offense of trafficking in human beings.
(10) No criminal proceedings will be conducted against a victim of trafficking in human
beings who was forced, by the perpetrator of the offence, to participate in the commission of
another criminal offence if such action was direct result of his/her status of the victim of
trafficking in human beings.


Article 210b
Organized Trafficking in Human Beings
(1) Whoever organizes or manages a group of people, an organized group of people or an
organized crime group that jointly perpetrates or attempts to perpetrate the criminal offense
referred to in Article 210a (Trafficking in Human Beings) of this Code shall be punished by
imprisonment for a term of at least ten years or a long-term imprisonment.
(2) Whoever commits a crime as a member of a group referred to in Paragraph (1) of this
Article, shall be punished by imprisonment for a term of at least ten years.
(3) A member of the group referred to in Paragraph (1) of this Article who reveals this group
or association may be exonerated of punishment.

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