Article 350 – Exploitation of prostitute
A man who lives-off, partially or totally, by a woman who prostitutes herself by profession and from the exploitation of her immoral gains shall be punished by imprisonment of six month up to three years, «unless there is no chance to be punished for a more serious criminal offence»
Rule 323A - Human Trafficking
- Whoever with the use of violence, threat or other coercive means or with the exercise or abuse of power, recruits, transports or transfers in or out of the country, withholds, harbours, delivers whether for receiving a benefit or not, a person to another, or receives a person with the purpose to remove «cell» tissues or organs from his body, or with the purpose to exploit either for himself or for another person the labour or beggary (of the trafficked person), shall be punished with incarceration up to ten years and with a fine of ten to fifty thousand Euros.
- If the person committing the above acts, in order to achieve the same purpose, receives the consent of the victim through the use of fraudulent means, or deceives the victim by taking advantage of its vulnerable position with promises, gifts or giving other benefits, he/she shall be punished with the penalties foreseen in the above paragraph.
- Whoever, knowingly accepts the labour of a person that is under the conditions described under paragraphs 1 and 2, shall be punished with imprisonment of at least six months.
- The perpetrator of the above mentioned acts shall be punished with incarceration of at least ten years and with a fine of fifty thousand to a hundred thousand Euros if the act:
- «is committed against a minor or a person with physical or mental disability;»
- is committed by profession;
- is committed by an employee, that during the exercise of his/her duties or by taking advantage of his status as an employee commits or in any way participates in the act;
- resulted in the grievous bodily injury of the victim
- Whoever uses the means mentioned in paragraphs 1 and 2 to recruits a minor with the purpose to use him/her in armed conflicts shall be punished with incarceration of at least 10 years and a fine of fifty thousand to a hundred thousand Euros.
- The perpetrator of the acts mentioned in the previous paragraphs shall be punished with life imprisonment if the act resulted in the death of the victim.
Article 351 – Trafficking (Human trafficking for sexual exploitation)
- Whoever with the use of violence, threat or other coercive means or with the exercise or abuse of power, recruits, transports or transfers in or our of the country, withholds, harbours, delivers whether for receiving a benefit or not, a person to another, or receives a person from another with the purpose to sexually exploit (the victim) either for himself or for another person, shall be punished with incarceration up to ten years and with a fine of ten to fifty thousand Euros.
- If the person committing the above acts, in order to achieve the same purpose, receives the consent of the victim through the use of fraudulent means, or deceives the victim by taking advantage of its vulnerable position with promises, gifts or giving other benefits, he/she shall be punished with the penalties foreseen in the above paragraph.
- Whoever, knowingly commits and indecent act with a person that is under the conditions described under paragraphs 1 and 2, shall be punished with imprisonment of at least six months.
- The perpetrator of the above mentioned acts shall be punished with incarceration of at least ten years and with a fine of fifty thousand to a hundred thousand Euros if the act:
- is committed against a minor, or is connected with the mental incapacity or imbecility of the victim;
- is committed by one of the persons mentioned in case c’ of paragraph 2 of Article 349;
- is connected with the illegal entry, stay or exit of the victim from the country;
- is committed by profession;
- is committed by an employee, that during the exercise of his/her duties or by taking advantage of his status as an employee commits or in any way participates in the act;
- resulted in grievous bodily injury of the victim.
- The perpetrator of the acts mentioned in first and second paragraphs shall be punished with life imprisonment if the act resulted in the death of the victim.
- Sexual exploitation, in accordance to the above mentioned paragraphs, comprises the execution, for profit, of any indecent act or the use, for profit, of the body, voice or image of the person for the actual or simulated commission of such act or for the supply of labour or services that aim to sexual arousal.
Article 336 – Rape
- Anyone who by physical force or threat of serious and immediate danger forces another (person) tointercourse or in any other indecent act or tolerance of it, shall be punishedwith incarceration
- If the offence of the previous paragraph is committed by two or more perpetrators who were acting jointly, imprisonment of at least ten years' is imposed.
Article 337 – Insult of sexual dignity
- Anyone with indecent gestures or suggestions concerning indecent acts, violently offends the dignity of another on the ground of sexual life shall be punished with imprisonment up to one year or a fine.
- The offence of the above paragraph is punishable by imprisonment of three months up to two years, if the victim is younger than 12 years of age.
- Adult, who through the internet or other means of communication, acquires contact with a person who has not reached fifteen years of age, with gestures or indecent proposals, offends the dignity of the minor on the ground of sexual life, shall be punished with imprisonment of at least two years. If the offence is committed habitually or a subsequent meeting had occurred, then is punishable by imprisonment for at least three years.
- Adult, who through the internet or other means of communication, acquires contact with a person who appears as a minor under fifteen years of age and, with gestures or indecent proposals, offends the dignity on the ground of sexual life, shall be punished with imprisonment of at least one year. If the act is committed habitually or subsequent meeting had occurred with the person who appeared as a minor, then is punishable by imprisonment for at least three years.
- Whoever commits the act referred to in paragraph 1 of this Article, taking advantage of the victim's employment position or the position of the person who is included in the process of job search, is being prosecuted by indictment and punishable by imprisonment of six (6) months up to three (3) years and a fine of not less than one thousand (1,000) Euros.
