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Criminal Code of the Republic of Albania

Law No. 7895, dated 27 January 1995, as amended by the following laws: Law 8279, dated 15.01.1998; Law No. 8733, 24.01.2001; Law No 9188, dated 12.01.2004; Law No 9686, dated 26.02.2007.

(excerpts)

Legislationline Note: Articles 128/c and 128/ç have not entered into force

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CHAPTER II

OFFENCES AGAINST THE PERSON

CRIMES AGAINST LIFE

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Section VII – Criminal Acts against Person’s Freedom

Article 110/a Trafficking in Persons

The recruitment, transport, transfer, hiding or reception of persons through threat or the use of force or other forms of compulsion, kidnapping, fraud, abuse of office or taking advantage of social, physical or psychological condition or the giving or receipt of payments or benefits in order to get the consent of a person who controls another person, with the purpose of exploitation of prostitution of others or other forms of sexual exploitation, forced services or work, slavery or forms similar to slavery, putting to use or transplanting organs, as well as other forms of exploitation, are punished with imprisonment of from five to 15 years and with a fine of from two million to five million lek.

The organization, management and financing of the trafficking of persons is punished with imprisonment of from seven to 15 years and with a fine of from four million to six million lek.

When this offence is committed in collaboration or more than once, or is accompanied by mistreatment and making the victim commit various actions through the use of physical or psychological force, or brings serious consequences to health, is punished with imprisonment of no less than 15 years and with a fine of from six million to eight million lek.

When the offence has brought about the death of the victim as a consequence, it is punished with imprisonment of no less than 20 years or with life imprisonment, as well as with a fine of from seven million to 10 million lek.

When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment and the fines are increased by one fourth of the punishment given.

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Section VIII – Criminal Acts against Morality and Dignity

Article 114/b: Trafficking of Women

The recruitment, transport, transfer, hiding or reception of women through threat or use of force or other forms of compulsion, kidnapping, fraud, abuse of office or taking advantage of social, physical or psychological condition or the giving or receipt of payments or benefits, in order to get the consent of a person who controls another person, with the purpose of exploitation of prostitution of others or other forms of sexual exploitation, forced services or work, slavery or forms similar to slavery, putting to use or transplanting organs, as well as other forms of exploitation, are punished with imprisonment of from seven to 15 years and with a fine of from three million to six million lek.

The organization, management and financing of the trafficking of woman is punished with imprisonment of from ten to 15 years and with a fine of from five million to seven million lek.

When this offence is committed in collaboration or more than once, or is accompanied by mistreatment and making the victim commit various actions through the use of physical or psychological force, or brings serious consequences to health, it is punished with imprisonment of no less than 15 years and with a fine of from six million to eight million lek.

When the offence has brought about the death of the victim as a consequence, it is punished with imprisonment of no less than 20 years or with life imprisonment, as well as with a fine of from seven million to 10 million lek.

When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment and the fines are increased by one fourth of the punishment given.

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Section IX – Criminal Acts against Children, Marriage and Family

Article 128/b: Trafficking of Minors

The recruitment, transport, transfer, hiding or reception of minors with the purpose of exploitation for prostitution or other forms of sexual exploitation, forced services or work, slavery or forms similar to slavery, putting to use or transplanting organs, as well as other forms of exploitation, are punished with imprisonment of from seven to 15 years and with a fine of from four million to six million lek.

The organization, management and financing of the trafficking of minors is punished with imprisonment of from 10 to 20 years and with a fine of from six million to eight million lek.

When this offence is committed in collaboration or more than once, or is accompanied by mistreatment and making the victim commit various actions through physical or psychological force, or brings serious consequences to health, it is punished with imprisonment of no less than 15 years and with a fine of from six million to eight million lek.

When the offence has brought about the death of the victim as a consequence it is punished with imprisonment of no less than 20 years or with life imprisonment, as well as with a fine of from eight million to 10 million lek.

When the criminal offence is committed through the utilization of a state function or public service, the punishment of imprisonment and the fines are increased by one fourth of the punishment given.

Article 128/c: Exploitation of children for labor, begging or other forced services

The exploitation of minors for labor or other forced services, including begging for alms, by parents or legal guardians, constitutes a criminal act and is punished by imprisonment up to one year and a fine ranging from 50.000 to 1.000.000 leks.

When the exploitation of a minor is committed by third parties, it is punished by imprisonment up to three years, and a fine ranging from 100.000 to 2.000.000 leks.

When the exploitation of a minor brings serious consequences to his/her health or causes death, it constitutes a crime and is punished by imprisonment from three to seven years.

Article 128/ç: Sale of children

Offering, giving or accepting the sale of a child for sexual exploitation purposes, transfer the child’s organs for purposes of profit, or illegal adoption, is punished by imprisonment up to seven years.

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