Print   

C R I M I N A L   C O D E

(excerpts)


The Code was published in the Official Gazette of the RoM Nos. 70/2003,
13/2003, 47/2006 and the Official Gazette of MNE Nos. 40/2008, 25/2010 and
3 2/2011. The provisions of Chapter VI: See Art. 189 of the Law - 64/2011-1 will be
repealed on 1 September 2012.

[...]

Trafficking in Persons
Article 444


(1) Anyone who by use of force or threat, deceiving or keeping in deception, abuse
of power, trust, dependence, position of vulnerability of another person, dispossession of
personal documents or giving or receiving payments or other undue advantage to
achieve the consent of a person having control over another person commits any of the
following: recruits, transports, transfers, surrenders, sells, buys, mediates in sale,
conceals or keeps another person for the purpose of exploitation of his labour, forced
labour, submission to servitude, commission of criminal activity, prostitution or other
type of sexual exploitation, beggary, exploitation for pornographic purposes, unlawful
extraction of organs for transplantation, or for exploitation in armed conflicts shall be
punished by a prison term from one to ten years.
(2) The acts under para. 1 above shall constitute criminal offences when
committed against minors even where the perpetrator did not use force, threat or any
other of the methods listed above.
(3) Where the offence under para. 1 above was committed against a minor, the
perpetrator shall be punished by a prison term not shorter than three years.
(4) Where the offence under paras 1 to 3 above resulted in a serious bodily injury,
the perpetrator shall be punished by a prison term from one to twelve years.
(5) Where the offence under paras 1 and 3 above resulted in the death of one or
more persons, the perpetrator shall be punished by a prison term not shorter than ten
years.
(6) Anyone who regularly engages in the commission of the criminal offences
under paras 1 to 3 above or where the offence was committed by several persons in an
organised manner shall be punished by a prison term not shorter than ten years.
(7) Anyone who uses the services of a person knowing that the person is a victim of
the offence under para. 1 above shall be punished by a prison term from six months to
five years.
(8) Where the offence under para. 7 above was committed against a minor, the
perpetrator shall be punished by a prison term from three to fifteen years.


Trafficking in Children for Adoption
Article 445


(1) Anyone who abducts for adoption a person who has not reached the age of
fourteen in breach of valid regulations or anyone who adopts such a person or mediates
in such adoption or whoever for that purpose buys, sells or surrenders another person
who has not reached the age of fourteen or who transports, provides accommodation for
or conceals such a person shall be punished by a prison term from one to five years.
(2) Anyone regularly engages in the commission of the offences referred to in
para. 1 above or participates in their organized commission together with several other
persons shall be punished by a prison term not shorter than three years.


Submission to Slavery and Transportation of Enslaved Persons
Article 446


(1) Anyone who, in breach of rules of international law, submits another person
to slavery or other similar position or keeps another person in such a position, or who
buys, sells, surrenders to another person or mediates in buying, selling or surrendering
of such a person or who incites another person to sell his own freedom or freedom of
persons he supports or cares for shall be punished by a prison term from one to ten
years.
(2) Anyone who transports persons in the position of slavery or other similar
position from one country to another shall be punished by a prison term from six months
to five years.
(3) A perpetrator who commits the offences under paras 1 and 2 above against a
minor shall be punished by a prison term from five to fifteen years.

[...]