Estonian policy on trafficking in human beings

Under Estonian law, THB is defined in § 133 of the Penal Code as follows: § 133. Trafficking in human beings (1) Placing a person in a situation where he or she is forced to work under unusual conditions, engage in prostitution, beg, commit a criminal offence or perform other disagreeable duties, or keeping a person in such situation, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless or vulnerable situation of the person, is punishable by one to seven years’ imprisonment. (2) The same act if: 1) committed against two or more persons; 2) committed against a person of less than eighteen years of age; 3) committed against a person in a helpless situation; 4) committed in a torturous or cruel manner; 5) serious health damage is caused thereby; 6) danger to life is caused thereby; 7) committed by a group; 8) committed by taking advantage of official position, 9) serious consequences are caused thereby; 10) committed by a person who has previously committed a criminal offence provided for in this section or §§ 1331, 1332, 1333 or 175; is punishable by three to fifteen years’ imprisonment. (3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment. (4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code. (5) For the purposes of this section, vulnerable situation is a situation where a person lacks an actual or acceptable opportunity not to commit any of the acts specified in subsection (1) of this section.

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