In Austria, trafficking in human beings is covered under article 217 of the Criminal Code, which is however focused on prostitution. A new provision in the Aliens Act which entered into force on the 1^stJuly of 2000, has a wider scope as it protects trafficked, smuggled and other unlawful resident aliens from exploitation. Art. 105 ("exploitation of aliens") states that people who exploit these aliens can be sentenced by court up to two years of imprisonment.

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In combination with the provisions against human trafficking existing under criminal law, this provision is intended to enable effective action against criminal organisations and gangs which induce women, mostly under false pretences, to entrust themselves to these organisations and gangs.

If a prostitute has no legal status in Austria (no residence permit) the authorities can grant her a residence permit for humanitarian reasons if she is a victim of trafficking in women. Such residence permits may be granted to trafficked individuals (art; 217 of the Criminal Code) who are prepared to testify in court as witnesses and thus assure the prosecution of the perpetrator(s) or who intend to raise civil law claims against the perpetrator(s), for the period required for Such court proceedings.

In 1997 the Ministry of the Interior und the Ministry of Social Affairs and Generations established also an Intervention Centre for Victims of Trafficking in Women in Vienna that provides support to the women, especially to obtain a residence permit for humanitarian reasons. The Centre also provides emergency accommodation for the victims if law enforcement authorities apply lenient measures instead of pre-deportation detention.

Source: Council of Europe - Trafficking in Human Beings - EG(2000) 2 rev. 2, Volume II, April 2002.

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