THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT | | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 02/2019/NQ-HDTP | | Hanoi, January 11, 2019 |
RESOLUTION
Guiding the application of the Penal Code’s Article 150 on human trafficking and Article 151 on trafficking in persons aged under 16 years[1]
THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT
Pursuant to the November 24, 2014 Law on Organization of People’s Courts;
In order to properly and uniformly apply the Penal Code’s Article 150 on human trafficking and Article 151 on trafficking in persons aged under 16 years;
After consulting the Procurator General of the Supreme People’s Procuracy and Minister of Justice,
RESOLVES:
Chapter I
GENERAL GUIDANCE
Article 1. Scope of regulation
This Resolution guides the application of the Penal Code’s Article 150 on human trafficking and Article 151 on trafficking in persons aged under 16 years.
Article 2. Some circumstances for crime determination
1. Human trafficking means the use of force, threat to use force, deception, or employment of another trick to commit one of the following acts:
a/ Transferring a person in order to receive money, property or other material benefits;
b/ Receiving a person in order to transfer money, property or other material benefits;
c/ Transferring a person for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;
d/ Receiving a person for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;
dd/ Recruiting, transporting or harboring another person to commit the act of transferring a person as prescribed at Points a and c of this Clause.
2. Trafficking in humans aged under 16 years means the commission of one of the following acts:
a/ Transferring a person aged under 16 years in order to receive money, property or other material benefits, except the case of transfer for the humanitarian purpose;
b/ Receiving a person aged under 16 years in order to transfer money, property or other material benefits, except the case of receipt for the humanitarian purpose;
c/ Transferring a person aged under 16 years for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;
d/ Receiving a person aged under 16 years for sexual exploitation, forced labor, taking of a body organ, or for another inhuman purpose;
dd/ Recruiting, transporting or harboring a person aged under 16 years to commit the act of transferring a person as prescribed at Points a and c of this Clause.
3. Another trick prescribed in Clause 1, Article 150 of the Penal Code means one of such tricks as kidnapping the victim; deceiving the victim into taking sleeping pills or anesthetic, or drinking alcohol, beer or another strong stimulant to become incapable of cognizing or controlling his/her acts; poisoning the victim; taking advantage of one’s status as a marriage broker or an intermediary for sending laborers to work abroad; abusing one’s position or powers; taking advantage of dependent situation of the victim; and taking advantage of highly vulnerable or distressing circumstance of the victim (for example, the victim has a family member who is seriously ill and needs money for medical treatment) to commit one of the acts guided in Clause 1 of this Article.
4. For sexual exploitation prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means the case where the victim is transferred, received or recruited, transported or harbored before being transferred to another person for taking acts of sexual exploitation (such as forcing or bringing the victim to a whorehouse to prostitute, using him/her to make pornographic products, or forcing him/her to perform in sex shows or act as a sex slave) or where the victim is received by another person to serve the latter’s sexual needs.
5. For forced labor prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means the use of force or threat to use force or another trick to force the victim to work against his/her will.
6. For taking of a body organ prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means the case where the victim is transferred, received, or recruited, transported or harbored before being transferred for taking of his/her body organ(s).
A body organ means part of a human body made of different types of tissue to perform certain physical functions of humans.
For example: Nguyen Van A transfers Nguyen Thi C to Nguyen Van B for B to take C’s cornea (in fact, B has not yet taken C’s cornea).
7. For another inhuman purpose prescribed at Point b, Clause 1, Article 150, and Point b, Clause 1, Article 151, of the Penal Code means using the victim for an experiment, forcing the victim to beg, or using the victim for another cruel purpose.
Article 3. Some circumstances for determination of penalties
1. In an organized manner prescribed at Point a, Clause 2, Article 150, and Point a, Clause 3, Article 151, of the Penal Code means a form of complicity with close collusion and assignment of roles of accomplices in committing a crime.
2. With a despicable motive prescribed at Point b, Clause 2, Article 150, and Point g, Clause 2, Article 151, of the Penal Code means the case where the offender commits a criminal act for the purpose of revenge or shirking his/her own responsibility or against a person to whom he/she owes a favor or another criminal act showing his/her infidelity or treachery.
For example: Nguyen Van A sells Nguyen Thi C (his lover) to another person after knowing that C is pregnant by him.
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