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Penal Code

(excerpts)

 

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Division 6

Offences against Liberty

§ 133. Trafficking in human beings

(1) Placing a person in a situation where he or she is forced to marry, work under unusual conditions, engage in prostitution, beg, commit a criminal offence or perform other disagreeable duties, and keeping a person in such situation, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless or vulnerable situation of the person, is punishable by one to seven years’ imprisonment.

(2) The same act if:

1) committed against two or more persons;

2) committed against a person of less than eighteen years of age;

3) committed against a person in a helpless situation;

4) committed in a torturous or cruel manner;

5) serious health damage is caused thereby;

6) danger to life is caused thereby;

7) committed by a group;

[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

8) committed by taking advantage of official position,

9) serious consequences are caused thereby;

10) committed by a person who has previously committed a criminal offence provided for in this section or §§ 1331 , 1332 , 1333 or 175; is punishable by three to fifteen years’ imprisonment.

[RT I, 13.12.2013, 5 - entry into force 23.12.2013]

(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

(5) For the purposes of this section, vulnerable situation is a situation where a person lacks an actual or acceptable opportunity not to commit any of the acts specified in subsection (1) of this section.

[RT I, 04.04.2012, 1 - entry into force 14.04.2012]

§ 1331 . Support to human trafficking

(1) Transportation, delivery, escorting, acceptance, concealment or accommodation without prior authorisation of a person placed in a situation specified in subsection 133 (1) of this Code, buying sex from him or her or aiding, without prior authorisation, his or her forced acts in any other way, is punishable by up to five years’ imprisonment. [RT I, 26.06.2017, 69 - entry into force 06.07.2017]

(2) The same act if:

1) committed against two or more persons;

2) committed against a person of less than eighteen years of age;

3) committed against a person in a helpless situation;

4) committed by taking advantage of official position, is punishable by two to ten years’ imprisonment.

(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

[RT I, 04.04.2012, 1 - entry into force 14.04.2012]

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§ 1381 . Forcing person to donate organs or tissue

(1) Placing a person in a situation where organs, tissue or cells are removed from him or her, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless situation or vulnerable situation of the person and such act does not contain the necessary elements of an offence provided for in § 118 of this Code, is punishable by up to five years’ imprisonment.

(2) The same act if:

1) committed against two or more persons;

2) committed against a person of less than eighteen years of age;

3) committed against a person in a helpless situation;

4) committed in a torturous or cruel manner;

5) serious health damage is caused thereby;

6) danger to life is caused thereby;

7) committed by a group;

[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

8) committed by taking advantage of official position,

9) serious consequences are caused thereby; is punishable by two to ten years’ imprisonment.

(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

(5) For the purposes of this section, vulnerable situation is a situation where a person lacks an actual or acceptable opportunity not to be placed in a situation specified in subsection (1) of this section.

[RT I, 04.04.2012, 1 - entry into force 14.04.2012]

§ 139. Illegal removal of organs or tissue

(1) Removal, for transplantation purposes, of human organs or tissue by a person with the corresponding right arising from law, if the person from whom the organs or tissue are removed has not been notified of the essential potential dangers arising from the removal of organs or tissue before he or she grants consent thereto, or if the person removing the organs or tissue was aware that the person from whom the organs or tissue are removed will receive remuneration therefor, is punishable by a pecuniary punishment or up to one year's imprisonment.

(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

[RT I, 23.12.2014, 14 - entry into force 01.01.2015]

§ 140. Inducing person to donate organs or tissue

(1) Illegal inducing of a person to grant a consent for removal of his or her organs, tissue or cells, if the act does not contain the necessary elements of an offence specified in §§ 118 or 1381 of this Code, is punishable by a pecuniary punishment or up to one year's imprisonment.

(2) The same act, if committed against a person of less than eighteen years of age, is punishable by up to five years’ imprisonment.

[RT I, 04.04.2012, 1 - entry into force 14.04.2012]

(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

[RT I, 23.12.2014, 14 - entry into force 01.01.2015]

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Division 2

Offences against Minors

§ 175. Human trafficking in order to take advantage of minors

(1) Influencing of a person of less than eighteen years of age in order to cause him or her to commence or continue commission of a criminal offence, begging, engagement in prostitution or working under unusual conditions or to marry against his or her will or to appear as a model or actor in a pornographic or erotic performance or work, if it does not contain the necessary elements of an offence provided for in § 133 of this Code, and aiding a person of less than eighteen years of age in another manner in the activities specified in this section, is punishable by two to ten years’ imprisonment.

[RT I, 26.06.2017, 69 - entry into force 06.07.2017]

(11) The same act if committed by a person who has previously committed a criminal offence provided for in this section or §§ 133-1333, § 1751 or §§ 178-179, is punishable by three to ten years’ imprisonment.

(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

(3) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

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[RT I, 13.12.2013, 5 - entry into force 23.12.2013]

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