The crime of human trafficking (article 189a of the polish penal code)

Abstract

The Penal Code of 1997 introduced a separate type of crime of human trafficking in Article 253 § 1 ("Whoever engages in trafficking in human beings even with their consent"), included in Chapter XXXII ("Crimes against public order"). A detailed definition of human trafficking is set out in Article 115 § 22 ("Human trafficking is the recruitment, transportation, delivery, transfer, accommodation or receipt of a person, by using: 1) violence or unlawful threat, 2) abduction, 3) deception, 4) misguidance or exploitation of a mistake or incapacity to understand the action in question, 5) abuse of a relationship of dependence, exploitation of a critical situation or a state of helplessness, 6) giving or accepting a pecuniary or personal benefit or the promise thereof to a person exercising the care or supervision of another person - for the purpose of exploitation, even with his/her consent, in particular in prostitution, pornography or other forms of sexual exploitation, forced labour or service, begging, slavery or other forms of exploitation degrading human dignity or in order to unlawfully obtain human cells, tissues or organs.