Print   

CRIMINAL CODE OF BOSNIA AND HERZEGOVINA

“Official Gazette” of Bosnia and Herzegovina, 3/03

(...)

SPECIAL PART

XV  C h a p t e r   F i f t e e n

CRIMINAL OFFENCES AGAINST FREEDOM AND RIGHTS OF INDIVIDUALS AND CITIZENS

(..)

Unlawful Deprivation of Freedom

Article 147 

(1)    An official or responsible person in the institutions of Bosnia and Herzegovina who unlawfully imprisons another person, keeps him imprisoned or otherwise restricts his freedom of movement,

shall be punished by a fine or imprisonment for a term not exceeding three years.

(2)    If the unlawful deprivation of freedom lasted for more than thirty days, or if the manner of the execution was cruel, or if such a treatment of the person who was illegally deprived of freedom caused grave impairment of his health, or if some other serious consequences occurred, the perpetrator

shall be punished by imprisonment for a term between two and eight years.

(3)    If the person who has been illegally deprived of freedom lost his life as a result of the deprivation, the perpetrator

shall be punished by imprisonment for a term not less than five years.

XVII  C h a p t e r   S e v e n t e e n

CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

(...)

Establishment of Slavery and Transport of Slaves

Article 185

(1)    Whoever, in violation of the rules of international law, places another in slavery or in a similar status or keeps him in such a status, buys, sells, hands over to another person or mediates the purchase, sale or handing over of such a person or induces someone else to sell his freedom or the freedom of the person he provides for or takes care of,

shall be punished by imprisonment for a term between one and ten years.

(2)    Whoever, in violation of the rules of international law, buys, sells, hands over to another person or mediates in the purchase, sale or handing over a child or a juvenile for the purpose of adoption, transplantation of organs, exploitation by labour or for other illicit purposes,

shall be punished by imprisonment for a term not less than five years.

(3)    Whoever, in violation of the rules of international law, transports persons who are in a position of slavery or in similar status,

shall be punished by imprisonment for a term between six months and five years.

Trafficking in Persons

Article 186

(1)    Whoever takes part in the recruitment, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to obtain the consent of a person having control over another person, for the purpose of exploitation,

shall be punished by imprisonment for a term between one and ten years.

(2)    Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article against a juvenile,

shall be punished by imprisonment for a term not less than five years.

(3)    Whoever organizes a group of people with an aim of perpetrating the criminal offence referred to in paragraphs 1 and 2 of this Article,

shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

(4)    Whoever acting out of negligence facilitates the perpetration of the criminal offence referred to in paragraphs 1 through 3 of this Article,

shall be punished by imprisonment for a term between six months and five years.

(5)    “Exploitation” referred to in paragraph 1 of this Article includes, in particular, exploiting other persons by way of prostitution or of other forms of sexual exploitation, forced labour or services, slavery or slavery-like practices, serving under coercion or removal of organs for the purpose of transplantation.

International Procuring in Prostitution

Article 187

(1)    Whoever procures, entices or leads away another person to offer sexual services for profit within a state excluding the one in which such a person has residence or of which he is a citizen,

shall be punished by imprisonment for a term between six months and five years.

(2)    Whoever, by force or threat to use force or deceit, coerces or induces another person to go to the state in which he has no residence or of which he is not a citizen, for the purpose of offering sexual services upon payment,

shall be punished by imprisonment for a term between six months and five years.

(3)    If the criminal offence referred to in paragraphs 1 and 2 of this Article is perpetrated against a child or a juvenile, the perpetrator

shall be punished by imprisonment for a term between one and ten years.

(4)    The fact whether the person procured, enticed, led away, forced or deceived into prostitution has already been engaged in prostitution is of no relevance for the existence of a criminal offence.

Unlawful Withholding of Identity Papers

Article 188

Whoever unlawfully withholds another person’s identification papers or passport,

shall be punished by imprisonment for a term between six months and five years.

Smuggling of Persons

Article 189 

Whoever, for financial or material benefit, engages in illegal transport of other persons across the state border, or whoever enables another person to cross the border illicitly,

shall be punished by imprisonment for a term between six months and five years.

Torture and Other Cruel, Inhuman or Degrading Treatment

Article 190

An official or another person who, acting upon the instigation or with the explicit or implicit consent of a public official person, inflicts on a person physical or mental pain or severe physical or mental suffering for such purposes as to obtain from him or a third person information or a confession, or to punish him for a criminal offence he or a third person has perpetrated or is suspected of having perpetrated or who intimidates or coerces him for any other reason based on discrimination of any kind,

shall be punished by imprisonment for a term between one and ten years.

(...)