Croatian policy on trafficking in human beings

A criminal offence of Slavery (Article 105 of the Croatian Criminal Code) (1) Whoever, in violation of the rules of international law, puts another person in a position of slavery or a similar position or holds him/her in such a position, buys, sells, hands over or mediates in the purchase, sale or handing over of such a person, or incites another person to sell his/her freedom or the freedom of the person he/she provides for or takes care of, shall be punished by imprisonment from one to ten years. (2) Whoever transports people who are in a position of slavery or a position similar thereto, shall be punished by imprisonment from six months to five years. (3) Whoever commits the offence referred to in paragraphs 1 or 2 against a child shall be punished by imprisonment from three to fifteen years. A criminal offence of Trafficking in Human Beings (Article 106 of the Croatian Criminal Code) (1) Whoever, by the use of force or threat, by deception, fraud, abduction, abuse of authority or of a situation of hardship or dependence, or by giving or receiving of payments or other benefits to achieve the consent of a person having control over another person or by any other means recruits, transports, transfers, harbours or receives a person, or exchanges or transfers control over a person for the purpose of exploiting his/her labour by means of forced labour or services, slavery or a relationship similar thereto, or for the purpose of exploitation of the person for prostitution or for other forms of sexual exploitation, including pornography, or for the purpose of contracting an illicit or forced marriage, or taking parts of the person's body or using the person in armed conflicts or committing an unlawful act, shall be punished by imprisonment from one to ten years. (2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever recruits, transports, transfers, harbours or receives a child, or exchanges or transfers control over a child for the purpose of exploiting his/her labour by means of forced labour or services, slavery or a relationship similar thereto, or for the purpose of exploitation of the child for prostitution or for other forms of sexual exploitation, including pornography, or for contracting an illicit or forced marriage, or for illegal adoption, or for taking parts of a child's body, or for using the child in armed conflicts. (3) If the criminal offence referred to in paragraph 1 of this Article was committed against a child or the criminal offence referred to in paragraphs 1 or 2 of this Article was committed by a public official in the performance of his/her duties, or the said offence was committed against a large number of persons or the life of one or more persons was consciously endangered, the perpetrator shall be punished by imprisonment from three to fifteen years. (4) The same punishment as referred to in paragraph 1 of this Article shall be inflicted

 

whoever, knowing that a person is a victim of trafficking in human beings, uses the services of that person which are the result of one of the forms of exploitation set forth in paragraphs 1 and 2 of this Article. (5) Whoever, with the aim of enabling the commission of offences set forth in paragraphs 1, 2 and 3 of this Article retains, seizes of possession, conceals, damages or destroys another person's travel document or identification document, shall be punished by imprisonment of up to three years. (6) An attempt to commit the criminal offence referred to in paragraph 5 of this Article shall be punishable. (7) The consent of a victim of trafficking in human beings to the exploitation shall be irrelevant to the existence of this criminal offence. A criminal offence of Trafficking in Human Body Parts and Human Embryos (Article 107 of the Croatian Criminal Code) (1) Whoever, for the purpose of removing body parts referred to in Article 106 of this Code, procures, possesses, transports, transfers, stores, receives or transplants a human organ, tissue, cell, embryo or foetus, provided that he/she knew or should and could have known that they originated from a person who was a victim of trafficking in human beings shall be punished by imprisonment from one to ten years. (2) Whoever, by the use of force or threat, deception, fraud, abduction, abuse of authority or a situation of hardship or dependence, procures, possesses, transports, transfers, stores or receives a human organ, tissue, cell, embryo, foetus or dead body for the purpose of removing body parts shall be punished by imprisonment from one to eight years. (3) Whoever, by giving of payment or other comparable benefit, procures a human organ, tissue, cell, embryo, foetus or dead body shall be punished by imprisonment from six months to five years. (4) The same punishment as referred to in paragraph 3 of this Article shall be inflicted on whoever, with a view to gaining financial compensation, induces or helps another person to give his/her organ, tissue, cell, embryo or foetus in exchange for payment or other benefit. (5) Whoever removes or transplants a human organ, tissue, cell, embryo or foetus, where he/she knew or should and could have known that the donor had received payment or other benefit in exchange for it, shall be punished by imprisonment of up to three years. (6) The same punishment as referred to in paragraph 5 of this Article shall be inflicted on whoever advertises the need for or availability of a human organ, tissue, cell, embryo, foetus or dead body for the purpose of offering or requesting payment or other benefit.