Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 248A
248A. (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.
Traffic of a
person of age for
the purpose of
exploitation in
prostitution, etc.
Added by:
III.2002.50.
Amended by:
XVIII.2013.3.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.