Dutch policy on trafficking in human beings

Article 273f of the Dutch Criminal Code 1.) Any person who: 1o. with the intention of exploiting another person or removing his or her organs, recruits, transports, transfers, accommodates or shelters that other person, including the exchange or transfer of control over that person, by means of duress, violence or another hostile act, or the threat of violence or other hostile act, or by means of extortion, fraud, deception or the abuse of power arising from a specific state of affairs, or by means of the abuse of a position of vulnerability, or by means of giving or receiving payments or benefits in order to obtain the consent of a person having control over that other person; 2o. recruits, transports, transfers, accommodates or shelters a person, including the exchange or transfer of control over that person, with the intention of exploiting that other person or removing his or her organs, if that person has not yet reached the age of eighteen years; 3 o. recruits, takes away or abducts a person with the intention of inducing that person to make him or herself available for sexual acts with or for a third party for payment in another country; 4o. forces or induces another person by means referred to under 1o to make him or herself available for work or services or to make his/her organs available, or takes any action in the circumstances referred to under 1o which he knows or may reasonably be expected to know will result in that other person making him or herself available for work or services or making his or her organs available; 5o. induces another person to make him or herself available for sexual acts with or for a third party for payment or to make his or her organs available for payment, or takes any action in relation to another person which he knows or may reasonably be expected to know will result in that other person making him or herself available for these acts or making his or her organs available for payment, if that other person has not yet reached the age of eighteen years; 6 o. intentionally profits from the exploitation of another person; 7 o. intentionally profits from the removal of organs from another person, if he knows or may reasonably be expected to know that the organs of that person were removed under the circumstances

referred to under 1o; 8o. intentionally profits from the sexual acts of another person with or for a third party for payment or the removal of that person’s organs for payment, if this other person has not yet reached the age of eighteen years; 9 o. forces or induces another person by the means referred to under 1o to provide him with the proceeds of that person’s sexual acts with or for a third party or of the removal of that person’s organs; shall be guilty of trafficking in human beings and as such liable to a term of imprisonment not exceeding twelve years or a fifth category fine. 2.) Exploitation shall include, at the minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced or compulsory labour or services, including begging, slavery or practices comparable to slavery or servitude, servitude or the exploitation of criminal activities . 3.) The following offences shall be punishable by a term of imprisonment not exceeding fifteen years or a fifth category fine: 1o. offences as defined in paragraph 1 if they are committed by two or more persons acting in concert; 2o. offences as defined in paragraph 1 if they are committed in respect of a person who is under the age of eighteen or in respect of a person whose position of vulnerability is being abused. 3o. offences as defined in paragraph 1 if they are preceded by, committed by use of or followed by violence. 4.) If one of the offences defined in paragraph 1 results in serious physical injury or threatens the life of another person, it shall be punishable by a term of imprisonment not exceeding eighteen years or a fifth category fine. 5.) If one of the offences defined in paragraph 1 results in death, it shall be punishable by a term of life imprisonment or temporary imprisonment not exceeding thirty years or a fifth category fine. 6.) A position of vulnerability includes a situation in which a person has no real or acceptable alternative but to submit to the abuse involved. 7.) Article 251 shall apply mutatis mutandis.
Assessment