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Unofficial translation

Criminal Code

as of 15 August 1998 [ä Thamann-Übersetzung]

last adaptation: 16 August 2005

 

[...]

Section 232 Trafficking in Human Beings for the Purpose of Sexual Exploitation

(1) Whoever exploits another person through a coercive situation or the helplessness that is associated with their stay in a foreign country to induce them to take up or continue in prostitution, to commit sexual acts on or in front of the perpetrator or a third party through which they are exploited, or to allow them to be committed on the person by the perpetrator or a third party, shall be punished with imprisonment from six months to ten years. Whoever induces a person under twenty-one years of age to take up or continue in prostitution or any of the other sexual acts designated in sentence 1 shall be similarly punished.

(2) An attempt is punishable.

(3) Imprisonment from one to ten years shall be imposed, if:

1. the victim of the offence is a child (Section 176 subsection (1));

2. the perpetrator seriously physically maltreats the victim through the act or places the victim in danger of death through the act; or

3. the perpetrator committed the offence on a commercial basis or as a member of a gang that has combined for the continued commission of such acts.

(4) Punishment for the acts named in subsection (3) will also be imposed on whoever:

1. induces another person with force, threat of appreciable harm, or trickery to take up or continue prostitution or any of the other sexual acts designated in subsection (1) sentence 1, or

2. seizes another person by force, threat of appreciable harm, or trickery to induce them to take up or continue prostitution or any of the other sexual acts designated in subsection (1) sentence 1.

(5) In less serious cases under subsection (1) imprisonment from three months to five years shall be imposed; in less serious cases under subsections (3) and (4) imprisonment from six months to five years shall be imposed.

(...)

Section 233: Trafficking in Human Beings for the Purpose of the Exploitation of Workers

(1) Whoever exploits another person through a coercive situation or the helplessness that is associated with their stay in a foreign country to induce them into slavery, serfdom, or debt bondage, or to take up or continue work with him or a third party under working conditions that are strikingly disproportionate to the working conditions of other workers who perform the same or a comparable activity, shall be punished with imprisonment from six months to ten years. Whoever induces a person under twenty-one years of age into slavery, serfdom, or debt bondage, or to take up or continue work as designated in sentence 1 shall be similarly punished.

(2) An attempt is punishable.

(3) Section 232 subsections (3) through (5) shall apply mutatis mutandis.

Section 233a: Promotion of Trafficking in Human Beings

(1) Whoever abets trafficking in human beings according to Section 232 or Section 233 by recruiting, promoting, passing on, harbouring, or picking up another person shall be punished with imprisonment from three months to five years.

(2) Imprisonment from six months to ten years shall be imposed, if:

1. the victim of the offence is a child (Section 176 subsection (1));

2. the perpetrator seriously physically maltreats the victim through the act or places the victim in danger of death through the act; or

3. the perpetrator committed the offence with force, the threat of appreciable harm, on a commercial basis, or as a member of a gang that has combined for the continued commission of such acts.

(3) An attempt is punishable.

(...)

Section 236 Trafficking in Children

(1) Whoever, in gross neglect of his duties of care and upbringing, leaves his child, ward, or foster child under eighteen years of age with another indefinitely for compensation or with the intent of enriching himself or a third person, shall be punished with imprisonment for not more than five years or a fine. Whoever, in cases under sentence 1, takes the child, ward, or foster child in indefinitely and gives compensation therefore, shall be similarly punished.

(2) Whoever, without authorization:

  1. procures the adoption of a person under eighteen years of age; or
  2. engages in procurement activity which has as its goal that a third person takes in a person under eighteen years of age indefinitely,

and thereby acts for compensation or with the intent of enriching himself or a third person, shall be punished with imprisonment for not more than three years or a fine. If the perpetrator in cases under sentence 1 causes the procured person to be brought into Germany or abroad, then the punishment shall be imprisonment for not more than five years or a fine.

(3) An attempt shall be punishable.

(4) Imprisonment from six months to ten years shall be imposed, if the perpetrator:

  1. acts for profit, on a commercial basis or as a member of a gang, which has combined for the continued commission of trafficking in children; or
  2. by the act places the child or the procured person in danger of a substantial impairment of his physical or emotional development.

(5) The court may in its discretion mitigate the punishment (Section 49 subsection (2)) in cases under subsections (1) and (3) and in cases under subsections (2) and (3) or dispense with punishment under subsections (1) to (3) for participants whose guilt, taking into consideration the physical or emotional welfare of the child or the procured person, is slight.