Print   

Criminal Code

(...)

Chapter VI: Prostitution, exploitation of and trafficking in human beings

(as amended by the Law of 31 May 1999 reinforcing measures against trafficking in human beings and sexual exploitation of children, amending the Criminal Code and the Code of Criminal Procedure)

Art. 379 -The following offences shall be punishable by one to five years' imprisonment and a fine of 10,001 to 2,000,000 francs:

1. Inciting, facilitating or fostering immorality in, or the corruption or prostitution of, minors under 18 years of age in order to satisfy the desires of others.

2. Exploiting a minor under 18 years of age for the purposes of prostitution or the production of entertainment or material of a pornographic nature.

3. Facilitating the entry into, transit through, presence in or exit from the territory of a minor under 18 years of age for any of the purposes mentioned in (1) and (2) above.

Attempts to commit any of the above offences shall be punishable by six months' to three years' imprisonment.

The above offences shall be punishable by two to five years' imprisonment when committed against a minor under 14 years of age and five to ten years' imprisonment when committed against a minor under 11 years of age.

Attempts to commit any of the above offences against minors shall be punishable by six months' to four years' imprisonment if the minor is under 14 years of age and six months' to five years' imprisonment if the minor is under 11 years of age.

Art. 379bis -The following offences shall be punishable by six months' to three years' imprisonment and a fine of 10,001 to 2,000,000 francs:

1. Employing, inciting or abducting any person, even with their consent, for the purpose of prostitution or immoral activities, in the Grand Duchy of Luxembourg or abroad, in order to satisfy the desires of others.

If the victim is employed, incited or abducted by fraud or using violence, threats, abuse of authority or any other form of constraint, and effectively engages in prostitution or immoral activities, or if the offender takes advantage of the particularly vulnerable situation of the victim, such as their illegal or precarious administrative situation, pregnancy, ill health or an infirmity or physical or mental disability , the sentence shall be one to five years.

The offence shall be punishable by five to ten years' imprisonment if committed in two of the aforesaid circumstances.

2. Facilitating entry into, transit through, presence in or exit from the territory for the purposes mentioned in (1) above.

The increase in sentence provided for in the second and third paragraphs of (I) above shall also apply, subject to the same criteria.

3. Owning, directly or through a third party, managing, directing or running a brothel or similar establishment.

4. Knowingly allowing all or part of a hotel, guest house, night club or any other premises of which one is the owner or landlord to be used for the prostitution of others.

5. Procuring.

A procurer is any person, male or female, who:

a. in any manner knowingly aids, abets or protects the prostitution of others or soliciting with a view to prostitution;

b. in any manner shares in the proceeds of the prostitution of others or receives financial assistance from a person engaging in prostitution;

c. employs, incites or supports another person, even an adult and even with their consent, for the purpose of prostitution or gives them over to prostitution or immoral activities;

d. acts as intermediary , in any way whatsoever, between persons engaging in prostitution or immoral activities and those who exploit them or pay for their services;

e. by threat, pressure, deceit or any other means obstructs the prevention, inspection, assistance or rehabilitation work performed by the relevant bodies on behalf of persons engaging in prostitution.

Attempts to commit the offences referred to in (1), (2) and (5) above shall be punishable by three months' to two years' imprisonment.

The offences referred to in (1), (3), (4) and (5) above shall be punishable by one to five years' imprisonment and a fine of 10,001 to 2,000,000 francs if committed against a minor under 18 years of age, from two to five years' imprisonment if committed against a minor under 14 years of age, and from five to ten years' imprisonment if committed against a minor under II years of age.

Attempts to commit the offences shall be punishable by six months' to three years, imprisonment if a minor under 18 years of age is involved, six months' to four years, imprisonment if the minor is under 14 years of age and six months' to five years' imprisonment if the minor is under 11 years of age.

Art. 379ter -(Law of 10 November 1984) After opening an investigation the investigating judge may, upon order of the State Prosecutor, order the provisional closure for up to three months of any premises or establishment open to the public or used by the public if there is good reason to believe that any of the offences referred to in Article 379bis have been committed by a person accused of having participated, as the offender or an accomplice, in any way whatsoever, in the management, running or financing of the establishment.

Whatever the initial duration, the closure may be extended, by the same means, for further three-month periods.

1. The temporary closure of an establishment which may be ordered by a judge following the opening of an investigation concerning an offence under Article 379bis of the Criminal Code concerns the enterprise where the offence was committed, irrespective of ownership. It is a police security measure with no bearing on the criminal or civil liability of the owner. C.E. 7 April 1987, p. 27,42.

2. Accordingly, a refusal to issue a licence to open an establishment serving alcoholic beverages on the grounds that the investigating judge ordered the temporary closure of the premises concerned in the context of an investigation of a violation of Article 379bis of the Criminal Code is justified, even if the order to close the establishment was not issued against the owner who applied for the licence. C.E. 7 April 1987, p. 27, 42.

3. Provision for the closure of the establishment was not intended to modify the licensing laws, which remain unchanged. C.E. 7 April 1987, p. 27, 42.

Art. 379quater -(Law of 10 November 1984) The lifting of the closure order may be requested by the accused or by the public prosecutor's office by:

1. application to judge's chambers during the investigation period;

2. implicit cancellation (Law of 17 July 1987);

3. application to the criminal court sitting in chambers if the case has been sent before it;

4. application to the criminal division of the Court of Appeal sitting in chambers if an appeal is lodged on the merits or on points of law;

5. application to the criminal division of the district court.

See Law of 17 June 1987 on the abolition of the Assize Court, Mem. 1987, 744.

Art. 397quinquies -(Law of 10 November 1984) The application shall be lodged with the registry of the court responsible for passing judgement. The court's decision shall be handed down promptly, within three days of receipt of the application, the public prosecutor and the accused or his/her counsel being heard or duly notified.

The accused or his/her counsel shall be notified by the registrar of the court of the place, date and time of the hearing.

Without prejudice to the rights of the Principal State Prosecutor and the State Prosecutor, the decisions of the court in chambers may also be challenged by the accused in accordance with the provisions of Article 119 of the Code of Criminal Procedure.

Art. 379sexies -(Law of 10 November 1984) When application is made after the close of the investigation to a trial court, the closure of an establishment ordered by the investigating judge may be renewed for further periods of up to three months by decision of:

the criminal court sitting in chambers if the case is sent before it;

the criminal division of the Court of Appeal sitting in chambers, if an appeal is lodged on the merits or on points of law;

the criminal division of the district court.

In such cases application may be made to the court responsible for the renewal decision to cancel the order to close the establishment. The court shall rule in accordance with the provisions of the first two paragraphs of Article 379quinquies.

See Law of 17 June 1987 on the abolition of the Assize Court, Mem. 1987, A, 744, particularly Section XI

Art. 379septies -(Law of 10 November 1984) The judge shall be empowered to order the temporary or permanent closure of any establishment or premises open to or used by the public in which any of the offences referred to in Article 379bis was committed by a person accused of participating, as the offender or an accomplice, in any way whatsoever, in the management, running or financing of the establishment.

In the event that the principal penalty is a fine, the period of closure shall begin on the day on which the conviction, inter partes or in absentia, becomes irrevocable.

Where a prison sentence is pronounced, the period of closure shall begin on the day on which the offender completes his/her sentence or it becomes time-barred or, if he/she is released on parole, on the day of release.

In the case referred to in the preceding paragraph, the decision to close the establishment shall take effect on the day on which the conviction, inter partes or in absentia, becomes irrevocable.

Art. 380 -(Law of 1 April 1968) The minimum sentences incurred under Articles 379 and 379bis shall be increased in keeping with Article 266 if the offenders are:

ascendants of the person prostituted or corrupted;

people in a position of authority over them;

teachers or paid servants of the person concerned or servants of the above people;

public servants or clergymen.

In the cases provided for in Articles 379 and 379bis the sentences shall be pronounced even if the various deeds that together constitute the offence were perpetrated in different countries.

See Code of Criminal Procedure, Article 5 para 7.

Art. 381 -(Law of 1 April 1968) In the cases provided for in Articles 379 and 379bis the offenders shall also be sentenced to fines of 10,001 to 600,000 francs and deprived of the rights specified in paragraphs 1, 2, 3, 4, 5 and 7 of Article 11.

The courts may ban offenders sentenced to at least one month's imprisonment, for a period of one to ten years, from owning, managing or being employed in any capacity in an hotel, a guest house or an employment agency. Any violation of this ban shall be punishable by eight days' to one month's imprisonment and/or a fine of 10,001 to 200,000 francs.

In the cases referred to in the first paragraph of this article, if the offence is committed by the father or mother, he or she shall be deprived of his or her rights and privileges concerning the child and his/her belongings under the Civil Code, Book 1, Section IX on "parental authority".

Art. 382 -(Law of 1 April 1968) Whosoever by gesture, spoken or written word or any other means publicly solicits a person of either sex for immoral purposes shall be punished by eight days' to six months' imprisonment and/or a fine of 10,001 to 200,000 francs.