Criminal Code of the Republic of Armenia (2003) (excerpts related to Trafficking in Human Beings) (English)

Republic of Armenia

Criminal Code

April 18, 2003

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Chapter 17.

Crimes against human freedom, honor and dignity.

Article 131. Kidnapping.

1. The recruitment, transportation, transfer, harboring, or receipt of persons by means of the threat or use of force, of kidnapping, of fraud, of other deception, of the abuse of power or of a position of vulnerability or bribing to achieve the consent of a person having control over another person, for the purpose of prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of human organs,

is punished with imprisonment for the term of 2 to 5 years.

2. The same action committed:

1) by a group of persons with prior agreement;

2) by using violence dangerous for life or health or threat of using violence;

3) by using weapons or items used as weapons;

4) against a minor;

5) against a pregnant woman;

6) against two or more persons;

7) with mercenary motives,

8) by a person previously convicted for kidnapping,

is punished with imprisonment for the term of 4 to 8 years.

3. The act envisaged in part 1 or 2 of this Article, if:

1) it was done by an organized group;

2) by negligence the death of the aggrieved was caused or other grave consequences, or grave damage was inflicted to his health,

is punished with imprisonment for the term of 7 to 10 years.

Article 132. Trafficking

1. Recruitment, transportation, transfer, harboring, or receipt of persons for the purpose of sexual exploitation or forced labor, by means of the threat or use of force, of fraud, of using the dependence, of blackmail, of threat of destruction or damage to property, if this was done for mercenary purposes, is punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for up to 1 year, or arrest for up to 2 months, or imprisonment for the term of 1 to 4 years.

2. The same act committed:

1) by a group of persons with prior agreement;

2) with violence dangerous for life or health, or threat thereof;

3) against a minor;

4) against 2 or more persons;

is punished with correctional labor for up to 2 years, or imprisonment for up to 4 to 7 years.

3. Actions envisaged in parts 1 or 2 of this Article, which:

1) were done by an organized group;

2) caused the death of the aggrieved by negligence or other grave consequences,

is punished with imprisonment for 5 to 8 years.

Article 133. Illegal deprivation of freedom.

1. Illegal deprivation of freedom not concerned with kidnapping is punished with correctional labor for up to 2 years, or with arrest for the term of 1 to 3 months, or with imprisonment for up to 2 years.

2. The same action committed:

1) by a group with prior agreement;

2) using dangerous violence or threat of using violence;

1) by using weapons or items used as weapons;

2) against a minor;

3) against a pregnant woman;

4) against two or more persons;

5) with mercenary motives,

is punished with imprisonment for 3 to 5 years.

3. Actions envisaged in parts 1 or 2 of this Article, if:

3) done by an organized group;

4) the death of the aggrieved was caused by negligence or other grave consequences,

is punished with imprisonment for 4 to 8 years.

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Chapter 18.

Crimes against sexual immunity and sexual freedom.

Article 138. Rape.

1. Rape, sexual intercourse of a man with a woman against her will, using violence against the latter or some other person, with threat thereof, or taking advantage of the woman’s helpless situation, is punished with imprisonment for the term of 3 to 6 years.

2. The rape which:

1) was done by a group of persons;

2) was done against the aggrieved or other person with particular cruelty;

3) was done against a minor,

4) caused the death of the aggrieved or heavy consequences, by negligence;

5) committed by a person previously convicted under Articles 138 and 139 of this Code;

is punished with an imprisonment for the term of 4 to 10 years.

3. The actions mentioned in part 1 or 2 of this Article, against an aggrieved under 14 years of age,

is punished with an imprisonment for the term of 8 to 15 years.

Article 139. Violent sexual actions.

1. Homosexual, lesbian or other sexual actions against the aggrieved, by using force against the latter or other persons, or threat of using force, or by taking advantage of the aggrieved person’s helplessness, are punished with an imprisonment for the term of 3 to 6 years.

2. The same actions:

1) done by a group of persons;

2) done against the aggrieved or other person with particular cruelty;

3) done against a minor,

4) caused the death of the aggrieved or heavy consequences, by negligence;

5) committed by a person previously convicted under Articles 138 and 139 of this Code

is punished with an imprisonment for the term of 4 to 10 years.

3. The actions mentioned in part 1 or 2 of this Article done against an aggrieved under 14 years of age,

is punished with an imprisonment for the term of 8 to 15 years.

Article 140. Forced violent sexual acts.

Forcing a person to sexual intercourse, homosexuality, lesbianism or other sexual actions, by means of black mail, threats to destroy, damage or seize property, or using the financial or other dependence of the aggrieved, is punished with a fine in the amount of 200 to 300 minimal salaries, or correctional labor for up to 2 years, or with imprisonment for the term of up to 1 year.

Article 141. Sexual acts with a person under 16.

Sexual intercourse or other sexual acts with a person obviously under 16, by a person who reached 18 years of age, in the absence of elements of crime envisaged in Articles 138, 139 or 140 of this Code,

Is punished with correctional labor for the term of up to 2 years, or with imprisonment for the term of up to 2 years.

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Chapter 20.

Crimes against the interests of family and child.

Article 166. Involving a child into antisocial activity.

1. Involvement, by a person who reached 18 years, of a child into regular use of alcoholic drinks, strong or other narcotic drugs not for medical purposes, into prostitution, vagrancy or beggary, into preparation or dissemination of pornography or pornographic materials, is punished with correctional labor for up to 1 year, or with arrest for the term of 1-2 months, or with imprisonment for the term of 5 years.

2. The same action which was committed by a parent, teacher or other person in charge of rearing the child, is punished with correctional labor for up to 2 years, or arrest for up to 2 months, or imprisonment for the term of up to 5 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years, or without that.

3. Actions envisaged in parts 1 and 2 of this Article, which:

1) were committed in relation to 2 or more persons;

2) were accompanied with violence or threat of violence, are punished with imprisonment for the term of up to 6 years.

Article 168. Child trafficking.

Child trafficking is punished with imprisonment for the term of 3 to 7 years.

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Chapter 25.

Crimes against public order and morality.

Article 261. Involvement into prostitution.

1. Involvement into prostitution, by violence or use of violence, abuse of dependent position, by threat to destroy, steal or damage property, or dissemination of defamatory information about a person or close relatives, or by deception, is punished with a fine in the amount of 200 to 400 minimal salaries, or correctional labor for the term of up to 1 year, or with arrest for the term of 1-3 months, or with imprisonment for the term of up to 2 years.

2. The same actions committed

1) With respect to a minor,

2) by an organized group, are punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for the term of up to 2 years, or with imprisonment for the term of 3 to 6 years.

Article 262. Maintaining dens of prostitution or pimping.

Maintaining dens of prostitution or pimping, is punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for the term of up to 1 year, or with arrest for the term of 1-3 months, or with imprisonment for the term of up to 5 years.

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