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Article 8: Definition of Unlawful Removal
The act of unlawful removal in this law shall mean to:
- remove a person from his/her current place of residence to a place under the actor’s or a third person’s control by means of force, threat, deception, abuse of power, or enticement, or
- without legal authority or any other legal justification to do so, take a minor or a person under general custody or curatorship or legal custody away from the legal custody of the parents, care taker or guardian.
Article 10: Unlawful Removal with Purpose
A person who unlawfully removes another for the purpose of profit making, sexual aggression, production of pornography, marriage against will of the victim, adoption of any form of exploitation shall be punished with imprisonment from 7 to 15 years.
The offence stipulated in this article shall be punished with imprisonment from 15 to 20 years when :
- The victim is a minor
- The offence is committed by a public official who abuses his/her authority over the victim,
- The offence is committed by an organized group.
The terms “any form of exploitation” in this Article and Article 12, 15, 17, and 19 of this law shall include the exploitation of the prostitution of others, pornography, commercial sex act, forced labor or services, slavery or practices similar to slavery, debt bondage, involuntary servitude, child labor or the removal of organs.
The consent of the victim to any of the intended purpose set forth in paragraph 1 of this article shall be irrelevant where any of the means set forth in subparagraph 1) of Article 8 of this law is used.
This shall apply to the offences stipulated in Article 15, 17, and 19 of this law as well.
COMMENTARY:
Model Law Chapter 2(10) outlines the offence of the illegal abduction of any person for profit, sexual abuse, pornography, forced marriage or any form of exploitation or coercion. These offences warrant a prison sentence of 7 to 15 years for the perpetrator. However, it is important to note that in some critical cases, the prison sentence has the potential to increase to 15 to 20 years. This increase occurs if the offences listed previously involve a victim that is under the age of 18 (known as a minor), a public official takes advantage of the victim through their societal power, or an organized group commits the offence.
Under paragraph 3 of Model Law Chapter 2(10) the text lists the forms included within the broad phrase “any form of exploitation” which is also referenced in Article 12, 15, 17, and 19 of the Law on Suppression of Human Trafficking and Sexual Exploitation. This clarification is essential for the enforcement and application of this law at a practical level.
All of the circumstances listed in paragraph 3 of this article are considered a criminal offence under the phrase “any form of exploitation.”
Under paragraph 4 of Model Law Chapter 2(10), the victim’s consent regarding aforementioned offences in paragraph 1 is disregarded if the crime falls in accordance with the Definition of Unlawful Removal denoted in subparagraph 1) of Article 8. This statement makes clear the blurred line concerning the forced removal of individuals due to overpowerment and abuse that can be disguised by the perpetrator as the victim’s willingness to abide.
Notably, Model Law Chapter 2(8) defines the act of illegal removal of individuals. This can be done through two clear channels: forcibly taking someone from their home to another entity using deceitful practices or taking a minor or another individual under legal supervision away from their legal guardian without the jurisdiction to do so. Article 8 plays a vital role in protecting the victim’s rights by addressing unlawful removal through clear provisions.
Article 10 specifies that the following offences listed in Article 15, 17, and 19 also act in compliance with the definition of the act of unlawful removal detailed in Article 8.
