Article 258 maintains the offence of human trafficking while amending its definition. The previous framework already covered trafficking for the purposes of sexual exploitation, exploitation of begging, work or services in conditions contrary to human dignity, the removal of organs or human bodily material, and having a person commit an offence against their will. The new Code adds two purposes of exploitation: illegal adoption and forced marriage. Trafficking is now punishable by a level 3 penalty, corresponding to imprisonment of more than three to a maximum of five years.

Article 259 maintains the existing definition of human smuggling while transferring the offence from Article 77bis of the Law of 15 December 1980 on the access to the territory, residence, establishment and removal of foreign nationals to the Criminal Code. Human smuggling is defined as contributing, directly or through an intermediary, to enabling a person who is not a national of an EU Member State to enter, transit through or stay in the territory of an EU Member State or a State bound by the Convention implementing the Schengen Agreement, in violation of that State’s legislation, with a view to obtaining a direct or indirect financial or other material benefit.

Article 260 sets out the aggravated forms of human trafficking and human smuggling. It consolidates the aggravating circumstances previously provided for under separate provisions. Depending on the circumstances, aggravated forms are punishable by a level 4 penalty, corresponding to imprisonment of more than five and up to ten years, or a level 5 penalty, corresponding to imprisonment of more than ten and up to fifteen years.

Article 264 maintains the principle that victims of human trafficking who commit an offence as a direct consequence of their exploitation are not subject to a penalty. This provision applies to offences punishable by a level 1 to level 6 penalty.

For more information, please consult the Federal Public Service Justice website.