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GERMAN CRIMINAL CODE

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CHAPTER EIGHTEEN
OFFENCES AGAINST PERSONAL FREEDOM

Section 232
Human trafficking for the purpose of sexual exploitation
(1) Whosoever exploits another person’s predicament or helplessness arising from being in a
foreign country in order to induce them to engage in or continue to engage in prostitution, to
engage in exploitative sexual activity with or in the presence of the offender or a third person
or to suffer sexual acts on his own person by the offender or a third person shall be liable to
imprisonment from six months to ten years. Whosoever induces a person under twenty-one
years of age to engage in or continue to engage in prostitution or any of the sexual activity
mentioned in the 1st sentence above shall incur the same penalty.
(2) The attempt shall be punishable.
(3) The penalty shall be imprisonment from one to ten years if
1. the victim is a child (section 176(1));
2. the offender through the act seriously physically abuses the victim or places the
victim in danger of death; or
3. the offender commits the offence on a commercial basis or as a member of a
gang whose purpose is the continued commission of such offences.
(4) The penalty under subsection (3) above shall be imposed on any person who
1. induces another person by force, threat of serious harm or by deception to
engage in or continue to engage in prostitution or any of the sexual activity mentioned in
subsection (1) 1st sentence above or
2. gains physical control of another person by force, threat of serious harm or
deception to induce them to engage in or continue to engage in prostitution or any of the
sexual activity mentioned in subsection (1) 1st sentence above.
(5) In less serious cases under subsection (1) above the penalty shall be imprisonment from
three months to five years, in less serious cases under subsections (3) and (4) above
imprisonment from six months to five years.


Section 233
Human trafficking for the purpose of work exploitation
(1) Whosoever exploits another person’s predicament or helplessness arising from being in a
foreign country to subject them to slavery, servitude or bonded labour, or makes him work for
him or a third person under working conditions that are in clear discrepancy to those of other
workers performing the same or a similar activity, shall be liable to imprisonment from six
months to ten years. Whosoever subjects a person under twenty-one years of age to slavery, servitude or bonded labour or makes him work as mentioned in the 1st sentence
above shall incur the same penalty.
(2) The attempt shall be punishable.
(3) Section 232(3) to (5) shall apply mutatis mutandis.

Section 233a
Assisting in human trafficking
(1) Whosoever assists in human trafficking under section 232 or section 233 by recruiting,
transporting, referring, harbouring or sheltering another person shall be liable to
imprisonment from three months to five years.
(2) The penalty shall be imprisonment from six months to ten years if
1. the victim is a child (section 176(1));
2. the offender through the act seriously physically abuses the victim or places the
victim in danger of death; or
3. the offender commits the offence on a commercial basis or as a member of a
gang whose purpose is the continued commission of such offences.
(3) The attempt shall be punishable.


Section 233b
Supervision order, extended confiscation
(1) In cases under sections 232 to 233a the court may make a supervision order (section
68(1)).
(2) Section 73d shall apply in cases under sections 232 to 233a if the offender acts on a
commercial basis or as a member of a gang whose purpose is the continued commission of
such offences.

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Section 236
Child trafficking
(1) Whosoever in gross neglect of his duties of care and education leaves his child, ward or
foster child under eighteen years of age with another for an indefinite period for material gain
or with the intent of enriching himself or a third person shall be liable to imprisonment not
exceeding five years or a fine. Whosoever in cases under the 1st sentence above takes the
child, ward or foster child into his home for an indefinite period and awards compensation for
it shall incur the same penalty.
(2) Whosoever unlawfully
1. procures the adoption of a person under eighteen years of age; or
2. engages in procurement activity with the aim of a third person taking a person
under eighteen years of age into his home for an indefinite period,
and acts for consideration or with the intent of enriching himself or a third person shall be
liable to imprisonment not exceeding three years or a fine. Whosoever, as an agent for the
adoption of a person under eighteen years of age, grants a financial reward to a person in
exchange for the required consent to the adoption shall incur the same penalty. If the
offender in cases under the 1st sentence above causes the procured person to be brought
into Germany or abroad the penalty shall be imprisonment not exceeding five years or a fine.
(3) The attempt shall be punishable.
(4) The penalty shall be imprisonment from six months to ten years if the offender
1. seeks profit or acts on a commercial basis or as a member of a gang whose
purpose is the continued commission of child trafficking or
2. by the act places the child or the procured person in danger of a substantial
impairment of his physical or mental development.
(5) The court may in its discretion mitigate the sentence (section 49(2)) for accomplices in
cases under subsections (1) and (3) above and for secondary participants in cases under
subsections (2) and (3) above, or order a discharge under subsections (1) to (3), if their guilt,
taking into consideration the physical or mental welfare of the child or the procured person, is
of a minor nature.

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