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Criminal Code of the Republic of Georgia

(adopted on 22 July 1999, as amended 2003)

Article 50

Coercion

Illegal restriction of a person’s freedom of action, i.e. his/her physical or mental coercion to perform or not to perform a particular action the performance of or abstinence from which is his/her rights or coercion to experience pressure upon oneself against one’s own will shall be punishable by fine or corrective labor for up to 1 year in length or by imprisonment similar in length.

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Article 139

Coercion into Sexual Intercourse or Other Action of Sexual Character

Coercion into sexual intercourse, homosexuality, lesbianism or other sexual contact under the threat of disclosing defamatory information or damaging property or by using one’s material, official or other dependency shall be punishable by a fine or by corrective labor for the term not in excess of 1 year or by imprisonment for up to 2 years.

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Article 143

Illegal Imprisonment

(1) Illegal imprisonment shall be punishable by prison sentences ranging from 4 to 8 in length.

(2) The same action

a) by a group’s conspiracy

b) repeatedly

c) against two or more persons

d) by taking a victim abroad

e) against a pregnant women, a minor or a person in a helpless condition

f) against an official foreign representative or one subject to international legal protection

g) in order to cover up other crime or facilitate its perpetration

h) under violence or threat of violence dangerous for life

shall be punishable by imprisonment ranging from 5 to 12 years in length.

(2) The action stipulated in Paragraphs 1 or 2 of this Article

a) by an organized group;

b) that through negligence has claimed the life of the victim or has given rise to any other grave consequence

shall be punishable by prison sentences ranging from 8 to 15 years in prison.

Note: If, within 72 hours of the illegal imprisonment of a person, the offender voluntarily sets him/her free, the offender shall be released from criminal liability if his/her action does not bear signs of any other crime and there is no complaint on the part of the victim.

Article 1431. Trafficking in human beings

1. The buying or selling or making other illicit transaction in relation to a human being as well as recruitment, transfer, harbouring or receipt by means of coercion, blackmail or deception, for the purpose of exploitation, -

Shall be sentenced to 5 to 12 years of imprisonment.

2. Same action or omission committed:

a) repeatedly;

b) in relation to two or more persons;

c) in relation to a pregnant women;

d) in abuse of official powers;

e) by taking a victim to a foreign country;

f) by using violence dangerous for life and health or by threat of such violence;

g) in relation to a person who the offender knew was in helpless conditions or in relation to a person who was materially or otherwise dependent upon the offender, -

Shall be sentenced to 8 to 15 years of imprisonment.

3. Action or omission defined in paragraph 1 or 2 of this Article:

a) if committed by an organized group;

b) if resulted in the death of a victim or brought about other grave result, -

Shall be sentenced to 12 to 20 years of imprisonment.

Note:

For the purposes of this Article and Article 1721 of the Code, exploitation shall mean use of a human being for the purposes of engaging him or her into forced labour, criminal or anti-social activity or prostitution, sexual exploitation or other services, placing him or her in the conditions of contemporary slavery as well as for transplanting or otherwise using his or her organ, part of organ or tissue. Placing a person in the conditions of contemporary slavery shall mean the deprivation of identification documents, restriction of freedom of movement, restriction of communication with his/her family, including correspondence and telephone conversation, cultural isolation as well as forced labour in a situation where human honour and dignity is violated and/or without remuneration or with inadequate remuneration.

Article 1721. Trafficking in minors

1. The buying or selling or making other illicit transaction in relation to a minor as well as recruitment, transfer, harbouring or receipt by means of coercion, blackmail or deception, for the purpose of exploitation, -

Shall be sentenced to 8 to 15 years of imprisonment.

2. Same conduct committed:

a) repeatedly;

b) through coercion, blackmail or deception;

c) in relation to two or more minors;

d) by taking a victim to a foreign country;

e) by using violence dangerous for life and health or by threat of such violence;

f) in abuse of official powers;

g) in relation to a person who the offender knew was in helpless conditions or in relation to a person who was materially or otherwise dependent upon the offender, -

Shall be sentenced to 12 to 17 years of imprisonment.

3. The conduct defined in paragraphs 2 or 3 of this Article:

a) if committed by an organized group;

b) if resulted in the death of the minor or brought about other grave result, -

Shall be sentenced to 15 to 20 years of imprisonment or to life imprisonment.