Azerbaijan does not have a criminal code provision specifically dealing with trafficking in persons. The term trafficking is mentioned in Article 106 of the criminal code, which prohibits slavery.

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Trafficking is not identified as a distinct offense, and therefore there is no definition. Article 106 of the criminal code prohibits slavery, defined as "the partial or full possession of rights of a person treated like property." (Article 106.1). Trafficking is listed as an aggravating factor in the crime of slavery, requiring a more severe punishment, but it is not defined.

The penalty for the offense of slavery is from 5 to 10 years in prison. (Article 106.1). If the victim is a child or if the offense has been committed "with a view to trafficking,"a phrase that is not further defined, the penalty increases to a minimum of 7 and a maximum of 10 years. (Article 106.2). Slave trading, including forcing into slavery, sale or exchange of a slave, or "any deed related to the slave trading or trafficking, as well as sexual slavery or divestment of sexual freedom under slavery" carries a penalty of 5 to 10 years in prison. (Article 106.3).

Other criminal code provisions relevant to trafficking are: Sexual Abuse (including forced prostitution) (Article 108); Violence of a Sexual Nature (Article 150); Forcing to Sexual Action (Article 151); Sexual Intercourse of Action with a Minor Under 16 (Article 152); Involvement of Minors in Prostitution (Article 171); Trade in Minors (Article 173); Involvement in Prostitution (Article 243); Maintenance of Brothels (Article 244).

Nothing in the criminal code addresses the protection of trafficking victims.

Central European and Eurasian law Initiative - "Survey of Legislative Frameworks for Combating Trafficking in Persons" (Kristi Severance) - CEELI Research Papers Series - January 2003.

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