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6. Offences against a human being
 
  Article 57- Offences involving enslavement and trafficking  
57.1 Enslavement  
  Enslavement is the deliberate deprivation of the liberty and/or rights of persons, sometimes involving forced detention, through the use of violence, threat of violence, intimidation, use of financial threats or incentives and/or other psychological methods for the purpose of effective control over the actions of those persons.  
 
 Primary Fact(s)
 1. That the victim was denied a moral and/or civil right.
 2. That the actions of the accused contributed to the deprivation of such rights.
 3. That the life and/or actions of the victim were effectively rendered under the control of the accused.
 4. That the actions of the accused were done with the intent to cause a deprivation of such rights and control.
 
 
 Penalty Conditions (Level 3-Crime)
Type
Condition(s)
1-3
a) if the person is a member of a non-religious cult;
4-6
b) if the person is a member of a religious cult;
 
 
 Penalty Conditions (Level 4-Crime)
Type
Condition(s)
1-3
a) if the victim has been subjected to threat of violence;
4-6
a) if the victim has been subjected to violence;
 
 
 Penalty Conditions (Level 5-Crime)
Type
Condition(s)
1-3
a) if the purpose of the crime is for sex;
4-6
a) if the purpose of the crime is for profit;
 
 
 Penalty Conditions (Level 6-Crime)
Type
Condition(s)
1-3
a) if the victim is under the age of 14 years;
b) if the purpose of the crime is for an organised crime group for profit;
4-6
a) if the victim is under the age of 8 years;
b) if the purpose of the crime is for an organised crime group for profit and sex;
 
57.2 Trafficking of enslaved persons  
  Trafficking of enslaved persons is the deliberate movement, or transfer of control/possession and/or payment in exchange for persons who are effectively in enslavement.  
 
 Primary Fact(s)
 1. That the victim was denied a moral and/or civil right.
 2. That the actions of the accused contributed to the deprivation of such rights.
 3. That the life and/or actions of the victim were effectively rendered a commodity for trade.
 4. That the actions of the accused were done with the intent to cause a deprivation of such rights and control.
 
 
 Penalty Conditions (Level 5-Crime)
Type
Condition(s)
1-3
a) if the person who indirectly assisted in the trafficking is employed in banking or finance, or provided financial means and/or assistance to the traffickers;
b) if the person who indirectly assisted in the trafficking without being directly involved has previously been convicted of a minor crime;
4-6
a) if the person who indirectly assisted in the trafficking is employed in law enforcement;
b) if the person who indirectly assisted in the trafficking without being directly involved has previously been convicted of a serios crime;
 
 
 Penalty Conditions (Level 6-Crime)
Type
Condition(s)
1-3
a) if having seen the victim is under the age of 14 years, the person fails to report the crime to the police;
4-6
a) if having seen the victim is under the age of 8 years, the person fails to report the crime to the police;
 
     
     
 
 

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