On the Issues of Criminal Liability for Human Trafficking Crimes ("Modern Slavery")

Currently, the problem of human trafficking continues to be relevant for the global community.

This is a well-established transnational activity that generates illegal profits for traffickers and ranks third in the criminal world after arms and drug trafficking.

In the Republic of Belarus, there are 6 types of crimes that criminalize human trafficking and related acts, covering all types and forms of "modern slavery."

These articles include:

- Article 171 of the Criminal Code of the Republic of Belarus (organization and/or exploitation of prostitution or creation of conditions for prostitution)

1. Organization and/or exploitation of prostitution by another person or the provision for mercenary purposes of premises (a place) by a person who knowingly knew that these premises (this place) would be used for prostitution, or the organization and/or maintenance of a brothel for prostitution in the absence of signs of a more serious crime -

shall be punished by imprisonment for a term of three to five years with a fine.

2. The same acts, involving the export of a person outside the state for prostitution, or committed by an official using their official powers, or by a person who previously committed crimes provided for in this article, Articles 171-1, 181 or 181-1 of the Criminal Code of the Republic of Belarus, or using a knowingly minor for prostitution, or committed by an organized group, -

shall be punished byimprisonment for a term of five to ten years with a fine.

It should be noted that the use of engaging in prostitution means a person deriving material or other benefit from another person voluntarily providing sexual services for remuneration (sexual intercourse, sodomy, lesbianism, and other acts of a sexual nature).

- Article 171-1 of the Criminal Code of the Republic of Belarus (involvement in prostitution or coercion to continue engaging in prostitution)

1. Involvement in prostitution or coercion to continue engaging in prostitution -

shall be punished by imprisonment for a term of one to three years with a fine.

2. The same acts, committed repeatedly, or with the use of violence or threat of its use, or by a person who previously committed crimes provided for in Articles 171, 181 or 181-1 of the Criminal Code of the Republic of Belarus, or by a person who has reached the age of eighteen, against a knowingly minor, -

shall be punished by imprisonment for a term of three to five years with a fine.

3. Acts provided for in parts 1 or 2 of this article, committed by a parent, pedagogical worker or other person entrusted with the duties of raising a minor, against a knowingly minor or by an organized group, -

shall be punished by imprisonment for a term of seven to ten years with a fine.

- Article 181 of the Criminal Code of the Republic of Belarus (human trafficking)

1. Recruitment, transportation, transfer, harboring or receipt of a person for the purpose of exploitation, committed by means ofdeception, or abuse of trust, or the use of violence not dangerous to the life or health of the victim, or with the threat of such violence (human trafficking), -

shall be punished by imprisonment for a term of three to seven years with a fine.

2. The same acts, committed:

1) against two or more persons;

2) with the use of violence dangerous to the life or health of the victim, or with the threat of such violence;

3) by a group of persons by prior conspiracy;

4) by a person using their official powers;

5) by a person who previously committed crimes provided for by this article, articles 171, 171-1, 181-1, 187, parts 2 and 3 of article 343-1 of the Criminal Code of the Republic of Belarus;

6) against a woman known by the perpetrator to be pregnant;

7) with the removal of a person outside the state;

8) against a person known to be a minor, regardless of the application of any of the means of influence specified in part 1 of this article, -

shall be punished by imprisonment for a term of seven to twelve years with a fine.

3. Acts provided for in parts 1 or 2 of this article, committed by an organized group, or against

shall be punished by imprisonment for a term of twelve to fifteen years with a fine.

It should be noted that exploitation means the unlawful coercion of a person to work or provide services (including acts of a sexual nature, surrogate motherhood, removal of organs and/or tissues from a person) in cases where, for reasons beyond their control, they cannot refuse to perform work (services), including slavery or practices similar to slavery.

- Article 181-1 of the Criminal Code of the Republic of Belarus (use of slave labor)

1. The use of slave labor or any other form of human exploitation in the absence of signs of a crime provided for in Article 181 of the Criminal Code of the Republic of Belarus, -

shall be punished by imprisonment for a term of two to five years with a fine.

2. The same acts committed:

1) against a person known to be a minor;

2) against two or more persons;

3) by a group of persons by prior conspiracy;

4) by an official using their official powers;

5) against a pregnant woman known to the perpetrator;

6) by a person who has previously committed crimes under this article, Articles 171, 171-1, 181 or 187 of the Criminal Code of the Republic of Belarus, -

shall be punished by deprivation of liberty for a term of three to ten years with or without a fine.

3. Acts provided for in parts 1 or 2 of this article, which negligently caused the death of the victim, or inflicted grievous bodily harm, or other grave consequences, or committed by an organized group, -

shall be punished by deprivation of liberty for a term of eight to twelve years with a fine.

- Article 182 of the Criminal Code of the Republic of Belarus (kidnapping)

1. Secret, open, by deception or abuse of trust, or combined with violence not dangerous to the life or health of the victim, or with the threat of such violence, or with other forms of coercion, unlawful seizure of a person, associated with his movement to another place, in the absence of signs of a crime provided for in Article 291 of the Criminal Code of the Republic of Belarus (kidnapping), -

shall be punished by deprivation of liberty for a term of five to seven years with or without a fine.

2. The same act, committed:

1) against a knowingly minor;

2) against two or more persons;

3) for mercenary motives;

4) for the purpose of exploitation;

5) for the purpose of removing organs or tissues from the victim for transplantation;

6) by a group of persons by prior conspiracy;

7) with the use of violence dangerous to life or health, or accompanied by torture or torment, -

shall be punishable by imprisonment for a term of five to fifteen years with a fine.

3. Acts provided for in parts 1 or 2 of this Article, which negligently caused the death of the victim, or caused grievous bodily harm, or other grave consequences, or were committed by an organized group, -

shall be punishable by imprisonment for a term of ten to fifteen years with a fine.

- Article 187 of the Criminal Code of the Republic of Belarus (illegal actions aimed at employment of citizens abroad)

1. Illegal actions aimed at the employment of citizens abroad, if as a result of such actions, persons employed abroad were subjected to exploitation, in the absence of signs of a crime provided for in Article 181 of the Criminal Code of the Republic of Belarus (illegal actions aimed at the employment of citizens abroad), -

shall be punishable by imprisonment for a term of three to five years with or without a fine and with deprivation of the right to hold certain positions or engage in certain activities.

2. Illegal actions aimed at

employment of citizens abroad, committed repeatedly or by a person who previously committed crimes provided for by Articles 171, 171-1, 181 or 181-1 of the Criminal Code of the Republic of Belarus, -

shall be punished by imprisonment for a term of four to six years with a fine and with deprivation of the right to hold certain positions or engage in certain activities.

3. Illegal actions aimed at the employment of citizens abroad, committed by an organized group, -

shall be punished by imprisonment for a term of six to eight years with a fine and with deprivation of the right to hold certain positions or engage in certain activities.

Pay attention to your loved ones, report all facts of the above actions immediately to law enforcement agencies.

Prosecutor of Beshenkovichi District

Junior Counselor of Justice A.A. Starchenko