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cap_9 scheduledskedadpreamble—criminalcode MT

Art. 248A — CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE
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Art. 248A · CRIMINAL CODE

(1) Whosoever, by any means mentioned in sub-article

(2), traffics a person of age for the purpose of exploiting that

person in

(a) the production of goods or provision of services; or

(b) slavery or practices similar to slavery; or

(c) servitude or forced labour; or

(d) activities associated with begging; or

(e) any other unlawful activities not specifically provided

for elsewhere under this Sub-title,

shall, on conviction, be liable to the punishment of imprisonment from

six to twelve years.

For the purposes of this sub-article exploitation includes

requiring a person to produce goods and provide services under

conditions and in circumstances which infringe labour standards

governing working conditions, salaries and health and safety.

(2)

The means referred to in sub-article (1) are the following

(a) violence or threats, including abduction;

(b) deceit or fraud;

(c) misuse of authority, influence or pressure;

(d) the giving or receiving of payments or benefits to

achieve the consent of the person having control over

another person;

(e) abuse of power or of a position of vulnerability

Provided that in this paragraph "position of vulnerability"

means a situation in which the person concerned has no

real or acceptable alternative but to submit to the abuse

involved.

(3) The consent of a victim of trafficking to the exploitation,

whether intended or actual, shall be irrelevant where any of the means

set forth in sub-article (2) has been used.

← Art. 248 Failure to take care of foundling or to make report thereof. CRIMINAL CODE Art. 248B Traffic of a person of age for the purpose of exploitation in prostitution, etc. →

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