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6. Offences
against a human being
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Article 57- Offences
involving enslavement and trafficking
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| 57.1 |
Enslavement |
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Enslavement is the deliberate deprivation of the liberty and/or rights of persons, sometimes involving forced detention, through the use of violence, threat of violence, intimidation, use of financial threats or incentives and/or other psychological methods for the purpose of effective control over the actions of those persons. |
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Primary Fact(s) |
| 1. That the victim was denied a moral and/or civil right. |
| 2. That the actions of the accused contributed to the deprivation of such rights. |
| 3. That the life and/or actions of the victim were effectively rendered under the control of the accused. |
| 4. That the actions of the accused were done with the intent to cause a deprivation of such rights and control. |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) if the person is a member of a non-religious cult; |
4-6 |
b) if the person is a member of a religious cult; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) if the victim has been subjected to threat of violence; |
4-6 |
a) if the victim has been subjected to violence; |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if the purpose of the crime is for sex; |
4-6 |
a) if the purpose of the crime is for profit; |
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Penalty Conditions (Level 6-Crime) |
Type |
Condition(s) |
1-3 |
a) if the victim is under the age of 14 years;
b) if the purpose of the crime is for an organised crime group for profit; |
4-6 |
a) if the victim is under the age of 8 years;
b) if the purpose of the crime is for an organised crime group for profit and sex; |
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| 57.2 |
Trafficking of enslaved persons |
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Trafficking of enslaved persons is the deliberate movement, or transfer of control/possession and/or payment in exchange for persons who are effectively in enslavement. |
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Primary Fact(s) |
| 1. That the victim was denied a moral and/or civil right. |
| 2. That the actions of the accused contributed to the deprivation of such rights. |
| 3. That the life and/or actions of the victim were effectively rendered a commodity for trade. |
| 4. That the actions of the accused were done with the intent to cause a deprivation of such rights and control. |
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Penalty Conditions (Level 5-Crime) |
Type |
Condition(s) |
1-3 |
a) if the person who indirectly assisted in the trafficking is employed in banking or finance, or provided financial means and/or assistance to the traffickers;
b) if the person who indirectly assisted in the trafficking without being directly involved has previously been convicted of a minor crime; |
4-6 |
a) if the person who indirectly assisted in the trafficking is employed in law enforcement;
b) if the person who indirectly assisted in the trafficking without being directly involved has previously been convicted of a serios crime; |
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Penalty Conditions (Level 6-Crime) |
Type |
Condition(s) |
1-3 |
a) if having seen the victim is under the age of 14 years, the person fails to report the crime to the police; |
4-6 |
a) if having seen the victim is under the age of 8 years, the person fails to report the crime to the police; |
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