Trafficking in human beings for sexual and other purposes - Polisen

Annex 2 – Legislation in this area61Annex 2 – Legislation inthis areaTrafficking in human beingsOn 18 March 2010, the government submitted a Billto the Swedish Parliament concerning enhanced protectionin criminal law against human trafficking. 96The Bill proposed a new formulation of the crime ofhuman trafficking, involving a clearer and moreappropriate charge.The aim was to make the charge more effective andto strengthen the protection against human traffickingin criminal law. Among the changes this impliedwere that the requirement for the perpetrator to takecontrol over the victim via commercial means – the“control prerequisite” – was removed. In addition, therequirement for double criminal responsibility wasabolished to enable Swedish courts to be able to passsentence for human trafficking committed abroad.The new provision on human trafficking proposedby the government, which came into force on 1 July2010, reads as follows:Chapter 4 § 1 a of the Penal Code (2010:371)A person who, in cases other than those stated in §1, bymeans of unlawful coercion, deceit, exploitation of aperson’s vulnerable situation or by any other suchimproper means, recruits, transports, transfers, housesor receives another person, and in so doing takes controlof that person in order for the person to be exploitedfor sexual purposes, removal of organs, active militaryservice, forced work or for some other purpose in a situationinvolving distress for the victim, shall be sentencedto imprisonment for human trafficking for a period of aminimum of two and a maximum of ten years.Anyone who commits a crime as referred to in para. 1against a person who has not yet reached the age of 18shall be sentenced for human trafficking even if suchimproper means as stated therein have not been used.If the crime as referred to in paras. 1 or 2 is of a lessgrievous nature, the perpetrator shall be sentenced to aterm of imprisonment of a maximum of four years.”96 Government Bill 2009/10:152Procuring/aggravated procuringChapter 6 § 12 of the Penal Code (2004:406)“Anyone who encourages or improperly economicallyexploits a person having casual sexual relations inreturn for payment shall be sentenced for procuring to aterm of imprisonment of a maximum of four years.If a person who has leased an apartment with a rightof usage becomes aware that the apartment is beingused entirely or to a significant degree for casual sexualrelations in return for payment and does not do whatmay reasonably be expected in order to bring an end tothe lease, and if this activity continues or is resumed inthe apartment, then he or she shall be regarded as havingpromoted the activity and shall be sentenced for culpabilityin compliance with para. 1.If a crime as referred to in para. 1 or 2 is regarded asgrievous, then the perpetrator shall be convicted foraggravated procuring and sentenced to a term ofimprisonment of a minimum of two and a maximum ofeight years. When considering whether or not the crimeis grievous, special attention shall be paid to whetherthe activity was conducted on a large scale, entailed significantfinancial gain or involved the ruthless exploitationof another person.”Culpability for procuring rests with the person whopromotes or exploits the fact that another person hasmore than one casual sexual relationship in return forpayment. The act of procuring may be considered tobe aggravated if the crime relates to an activity thatwas carried out on a fairly large scale, has resulted inconsiderable gain or involved ruthless exploitation. Acrime of procuring may also be considered to beaggravated if it involves aspects of human traffickingand the transportation of girls and women to Swedenfrom other countries for the purposes of prostitution.The maximum punishment for aggravated procuringhas been increased to a term of between six andeight years. This was done to make it possible, forexample, for the people who plan and organise procuringin the nature of human trafficking to be punished,but where it has been impossible to prove therequirement of undue influence.