TRAFFICKING IN HUMAN BEING - IS NOT A CRIME ONLY RELATED TO INVOLVEMENT TO RPOSTITUTION OR KEEPING THE BROTHELS WHICH IS AGAINST PUBLIC MORALITY!

 

VICTIM OF TRAFFICKING IN HUMAN BEING - IS NOT A PERSON ENGAGED IN PROSTITUTION OR HAVING IMMORAL LIFESTYLE!

 

The elements of the offense of the trafficking in human being

 

  • The purpose of the commission of the offense – EXPLOITATION

 

Methods of commission of offense - by threat of force or violence, intimidation or other means of coercion, abduction, fraud, deception, influence or abuse of power by weakness, or the consent of a person having control over another person for the material and non-material gifts, by giving privileges or discounts

 

  • The act itself – the attraction, acquisition, keeping, harboring, transportation, provision or receiving of the person

 

Human exploitation IS CONSIDERED as FOLLOWING:

 

  • Forced labor (service) - illegally forcing the person to do certain work (service delivery)
  • Sexual abuse - use of a person for prostitution, sexual slavery or production for pornographic materials, making the sexual exploitation of others for profit.
  • Slavery, practices similar to slavery and dependency status coming from them - Fully or partial implementation of authority to the rights to property over an individual;
  • Illegal removal of human organs and tissues
  • Illegal medical researchs on a person
  • The use of woman as a surrogate mother
  • illegally, including attraction to criminal activities, as well as other forms of people exploitation.

 

Victim of human trafficking – is a person who suffered from human trafficking, or supposed to be suffered from human trafficking!

 

Signs of victims of  trafficking in human being:

 

  • Forced to work against his will, thinking that there is no opportunity to leave the job;
  • Thinking that his action is under control, with lack of freedom of action or limited freedom of action;
  • Feeling fear and anxiety;
  • Always or sometimes himself, family members, relatives are facing violence or incur threat of violence;
  • Suffering from injuries that are characteristic by limiting the freedom of movement, to exploitation or to violence;
  • Faced with the threat of a handover to Government agencies
  • As it is kept by others, they don't have with themselves identification cards or travel documents, or they have fake documents;
  • They do not know the local language, the address of the residence or place of work;
  • Acts under the instruction of others, are working under the conditions defined by others, get little or no income for the work they have done
  • Live in conditions that do not meet the general living standards;
  • Limited connections with their family members and other relatives, as well as access to medical and social services facilities.

 

BASED ON the Criminal Code of the Republic of Azerbaijan

 

 

COMPARISON TABLE

 

Trafficking in human being, FORCED LABOR

(Articles N- 144-1, 144-2 and 144-3. )

Attraction to prostitution, ownership of brothels (articles 243 and 244)

 

A crime against the freedom of person.

Is a crime against public morality.

Is a type of transnational organized crime and in substance is a form of modern slavery.

Transnational and slavery characters do not exist.

The purpose is commitment of exploitation.

The purpose of commitment is to get income or other benefits.

Grave crime, but if by inadvertence is caused to death or other serious consequences, is considered as especially grave crime.

Less grave crime.

Victim limited freedom, men and women who are victims of trafficking in human being, have been forced to serve against their will;

is released from civil, administrative and criminal liability;

is protected, provided with assistance, social rehabilitation, ensures security and privacy is ensured (confidentiality) by the state

Victimlonely women voluntarily engaged in prostitution or having immoral lifestyle.

 

According to the Article 524 of the Administrative Code, administrative fine shall be in the amount of 100 manats.

Forms of commitment - forced labor, sexual exploitation, slavery, practices similar to slavery and dependency status coming from them, illegal removal of human organs and tissues, illegal medical research on a person, the use of a woman as a surrogate mother etc.

Forms of the offense have not been determined by the law.

(The forms of commitment of a crime are not determined by the law.)

Methods of committing - by applying force or violence, intimidation or other means of coercion, abduction, fraud, deception, influence or abuse of power by weakness, or the consent of a person having control over another person for the material and non-material gifts, by giving privileges or discounts

The methods of commitment are not determined by the law.

PUNISHMENT -  shall be punished with jail for the term from five to fifteen years.

PUNISHMENT - a fine, public or community work, or punished by jail up to six years.

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