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Article 144-1. Human Trafficking

144-1.1. Trafficking in human beings – recruitment, obtaining, keeping, harboring, transporting, giving or receipt of a person by means of threat or use of force, intimidation or other means of coercion, abduction, fraud, deception, abuse of power [influence] or a position of vulnerability, or by giving or receiving payments or benefits, privileges or concessions to achieve the consent of a person having control over another person, for purposes of exploitation – is punished with the deprivation of liberty for a term 5 up to 10 years.
144-1.2. The same acts:

144-1.2.1. When committed against two or more persons;

144-1.2.3. When committed against a person under mature age;

144-1.2.4. When committed against a pregnant woman overt for an accused person;

144-1.2.4-1.When committed by transporting victim of human trafficking through the state border of the Republic of Azerbaijan;
144-1.2.5. When committed by preliminary conspired group of persons, organized group and/or criminal union (criminal organization);
144-1.2.6. When committed by an accused person through abuse of power;

144-1.2.7.When committed by using force that is dangerous for life and health and/or a threat of using such force;
144-1.2.8. When committed by torturing the victim or treating that person in a cruel, inhuman way or disparaging the dignity of a person;
144-1.2.9. When committed on the purpose of using organs and tissues of the victim – is punished with the deprivation of liberty for a term from 8 up to 12 years.

144-1.3. If the actions mentioned in articles 144-1.1 and 144-1.2 of this code result with death or other severe results for victim because of imprudence – is punished with the deprivation of liberty for a term from 10 up to 15 years.

Note:
1. In this article “exploitation of a human being” is understood as a forced labor (service), sexual exploitation, servitude, servitude like habits and dependence coming from those treatments, illegal removal of human organs and tissues, illegal biomedical researches on a person, use of a woman as a surrogate mother, involvement in illegal as well as in criminal activity.

2. Consent of the victim of trafficking in human beings, her life style, as well as immoral behavior can no longer be considered as a case mitigating a punishment of a person accused in trafficking in human beings.
3. Recruitment, obtaining, keeping, harboring, transporting, giving or receipt of a minor for purposes of exploitation shall be considered as trafficking in human beings even if the means set forth in article 144-1.1 of this code are not used.

Article 144-2. Forced labor

Forcing to fulfill any job (service) by threatening, using force or a threat of using force, as well as restricting freedom of a person except for special cases identified through legislation – is punished with the deprivation of liberty for a term from 4 up to 8 years.

The same acts:

144-2.2.1. When committed against two or more persons;

144-2.2.2. When committed repeatedly;

144-2.2.3. When committed against a person under mature age;

144-2.2.4. When committed against a pregnant woman overt for an accused person;

144-2.2.5. When committed by an accused person through abuse of power;

144-2.2.6. When committed by preliminary conspired group of persons, organized group and/or criminal union (criminal organization) – is punished with the deprivation of liberty for a term from 7 up to 10 years.

144-2.3. If the actions mentioned in articles 144-2.1 and 144-2.2 of this code result with death or other severe results for victim because of imprudence – is punished with the deprivation of liberty for a term from 9 up to 12 years.

 

Article 144-3. Illegal Actions with Documents for the Purpose of Human Trafficking

 

144-3.1. Forgery of a person’s identity card, passport, or any other identity document, or of a travel (border-cross) documents with the purpose of human trafficking – is  punished by deprivation of liberty for a term from 1 up to 3 years.

 

144-3.2. Providing a trafficker or a victim of human trafficking with a forged identity card, passport, or other identity document, or with forged travel (border-cros) documents with the purpose of human trafficking – is punished by deprivation of liberty for a term from 1 up to 3 years.

144-3.3. Obtaining forged identity cards, passports, or other identity documents, or forged travel (border-cross) documents with the purpose of providing them to a trafficker or a victim of human trafficking – is punished by deprivation of liberty for a term from 1 up to 3 years.

144-3.4. Taking, retaining, concealing, damaging, or destroying any person’s identity card, passport, or other identity document, or a travel (border-crossing) document for the purpose of human trafficking – is punished by deprivation of liberty for a term from 2 up to 4 years.

Article 316-1. Disclosure of Confidential Information Concerning a Victim of Human Trafficking

​316-1.1. The unlawful collection or intentional dissemination of confidential information concerning a victim of human trafficking – is punished by by a fine in the amount of 500 to 1.000 manats, or by community service for a term from two hundred forty up to four hundred eighty hours, or by correctional labor for a term of up to one year.

​316-1.2. The same acts committed by a person through abuse of his or her official position – is punished by a fine in the amount of 1.500 to 3.000 manats, or by correctional labor for a term of up to one year, or by deprivation of liberty for a term of up to six months.

​316-1.3. The same acts resulting in grave consequences – is punished by deprivation of liberty for a term of one to five years.

​Note: For the purposes of this Article, “confidential information” shall mean any data, the disclosure of which may endanger the life or health of a victim of human trafficking, his or her close relatives, or persons assisting in combating human trafficking.

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