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LAW OF THE REPUBLIC OF MOLDOVA

of October 20, 2005 No. 241-XVI

About the prevention and suppression of human trafficking

(as amended on 09-06-2022)

The parliament adopts this organic law.

This law provides partial transposition of the following acts:

The convention of the Council of Europe on counteraction to human trafficking of May 3, 2005;

The United Nations Convention Against Transnational Organized Crime of November 15, 2000;

The framework decision of Council 2002/629/JAI of July 19, 2002 about fight against human trafficking;

The framework decision of Council 2001/220/JAI of March 15, 2001 about the status of the victims in criminal procedure;

The directive of Council 2004/81/EU of April 29, 2004 about the residence permit issued to citizens of the third countries which are the victims of human trafficking or were subject to the actions directed to assistance of illegal immigration and which cooperate with competent authorities.

Chapter I General provisions

Article 1. Scope of the law

This law governs the legal relations concerning:

a) prevention and suppression of human trafficking;

b) ensuring protection and help to the victims and expected victims of human trafficking;

c) cooperation of bodies of public management with non-profit organizations and other representatives of civil society in activities for the prevention and suppression of human trafficking;

d) interactions with other states, the international and regional organizations, competent in the field.

Article 2. Basic concepts

In this law the following basic concepts are used:

1) human trafficking (trade in adults or children) - recruitment, transportation, transfer, concealment or receipt of person by means of threat of application or use of force or other types of coercion, stealing, fraud, deception, authority misuse or vulnerability of provision or by means of giving or acceptance of money or any sort of benefits for receipt of consent of person controlling other person for the purpose of operation;

2) ceased to be valid according to the Law of the Republic of Moldova of 16.03.2018 No. 32

3) exploitation of the person - abuse of any person for the purpose of receipt of benefit, namely:

a) compulsion of any person to perform certain works or to render services by force, in the way of threats or other types of violence in defiance of law provisions concerning working conditions, compensation, health protection and safety;

b) content of person in slavery, application of other conditions, similar to slavery, or use of different ways of deprivation of the person of freedom;

c) commercial or non-commercial sexual exploitation;

d) coercion to provision of bodies, fabrics or other parts of human body;

e) forced use of the woman as substitute mother or for the purpose of reproduction;

f) abuse of the child's rights for the purpose of illegal adoption;

g) use in armed conflicts or illegal armed groups;

h) use in criminal activities;

i) coercion to occupation begging;

j) sale of one person to other person;

k) coercion to occupation the types of activity violating basic rights and human freedoms;

3-1) commercial sexual exploitation - forced use of person for occupation prostitution or in the pornographic industry instead of money or other property benefits;

3-2) non-commercial sexual exploitation - the forced use of person which is not pursuing the mercenary aims expressed in the form of scrap (including polygamous) or cohabitations;

4) the child - person under the age of of 18 years;

5) the document - the passport or the identity certificate, and also any travel document of person subjected to operation;

6) confiscation of documents - deprivation in any manner persons which underwent to operation, documents stipulated in Item 5);

7) finding of person in hostages for debt repayment - condition of the person imprisoned, including freedoms of travel, containing in quality of the hostage until it or the third party does not return legally or illegally the established debt;

8) slavery - condition or provision of person to which extends one or many rights resulting from the property right;

9) the conditions similar to slavery - the room or content of person in conditions under which other person subordinates itself this person or forces it by means of deception, of force, threats or other types of violence to provide certain services, including coercion to be in provision of the concubine or to consist in the marriage relations;

10) vulnerable provision - special condition in which there is person ready to be exposed to violence or operation, in particular, owing to:

a) precarious position from the point of view of social survival;

b) the provision caused by age, pregnancy, disease, infirmity, physical defect or intellectual backwardness;

c) the precarious and illegal provision in connection with entry into the transit country or final appointment or stay in it;

11) the victim of human trafficking - physical person which definitely suffered as a result of actions for human trafficking, stipulated in Item 1);

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