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Act C of 2012

on the Criminal Code

 

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Crimes Against Humanity

Section 143

(1) Any persons who - being part of a widespread or systematic practice:

a) commits murder;

b) forces the civilian population, in part or in whole, to live under conditions threatening the demise of that population or certain members thereof;

c) orders the displacement of the civilian population, in part or in whole, from their rightful place of residence;

d) engages in the trafficking in human beings or in exploitation in the form of forced labor;

e) deprives another person of his personal freedom, or unlawfully maintains his abduction;

f) forces another person to commit or tolerate sexual violence, forces others into prostitution or to bear a child, or into illegal abortion;

g) causes serious bodily or mental injury to others;

h) deprives other persons of their basic rights for reasons of their affiliation with a group on the grounds of political opinion, nationality, ethnic origin, culture, religion, sex or any other reason; is guilty of a felony punishable by imprisonment between ten to twenty years or with life imprisonment.

(2) Any person who engages in preparations for crimes against humanity is guilty of a felony punishable by imprisonment between two to eight years.

(3) In the application of this Section widespread or systematic assault on the civilian population shall include all conduct which covers the acts defined under Subsection (1) committed systematically against the civilian population aiming to implement or facilitate the policies of a State or organization.

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Trafficking in Human Beings

Section 192

(1) Any person who:

a) sells, purchases, exchanges, or transfers or receives another person as consideration; or

b) transports, harbors, shelters or recruits another person for the purposes referred to in Paragraph a), including transfer of control over such person; is guilty of a felony punishable by imprisonment not exceeding three years.

(2) Any person who - for the purpose of exploitation - sells, purchases, exchanges, supplies, receives, recruits, transports, harbors or shelters another person, including transfer of control over such person, is punishable by imprisonment between one to five years.

(3) The penalty shall be imprisonment between two to eight years if trafficking in human beings is committed:

a) against a person held in captivity;

b) by force or by threat of force;

c) by deception;

d) by tormenting the aggrieved party;

e) against a person who is in the care, custody or supervision of or receives medical treatment from, the perpetrator, or if abuse is made of a recognized position of trust, authority or influence over the victim;

f) for the unlawful use of the human body;

g) by a public official, acting in an official capacity;

h) in criminal association with accomplices; or

i) on a commercial scale.

(4) The penalty shall be imprisonment between five to ten years, if:

a) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years;

b) the criminal offense provided for in Subsection (2) is committed against a person held in captivity, and either of the aggravating circumstances under Paragraphs b)-i) of Subsection (3) apply; or

c) the criminal offense provided for in Subsection (2) results in particularly great damage or danger to life.

(5) The penalty shall be imprisonment between five to fifteen years if:

a) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years;

b) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years, and either of the aggravating circumstances under Subsection (3) apply;

c) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years, and results in particularly great damage or danger to life; or

d) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years for the purpose of child pornography.

(6) The penalty shall be imprisonment between five to twenty years or life imprisonment if:

a) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years, and either of the aggravating circumstances under Subsection (3) apply;

b) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years, and results in particularly great damage or danger to life; or

c) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years for the purpose of child pornography.

(7) Any person who engages in preparations for trafficking in human beings is guilty of misdemeanor punishable by imprisonment not exceeding two years.

(8) In the application of this Section, ‘exploitation’ shall mean the abuse of power or of a position of vulnerability for the purpose of taking advantage of the victim forced into or kept in such situation.

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Unlawful Employment of Third-Country Nationals

Section 356

(1) Any person who employs:

a) a third-country national on a regular basis or frequently without authorization to undertake gainful employment; or

b) a substantial number of third-country nationals at one and the same time without authorization to undertake gainful employment; is guilty of a misdemeanor punishable by imprisonment not exceeding two years.

(2) The penalty shall be imprisonment not exceeding three years for a felony:

a) if the offender employs a third-country national without authorization to undertake gainful employment under particularly exploitative working conditions; c) if the third-country national employed without authorization to undertake gainful employment is the victim of trafficking in human beings.

(3) For the purposes of this Section:

a) ‘particularly exploitative working conditions’ shall mean particularly exploitative working conditions as defined by the Act on the Admission and Residence of Third-Country Nationals;

b) ‘substantial number’ shall mean at least five persons.

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