France

Paragraph 161

As early as the beginning of the fourteenth century, royal edicts proclaimed that “there shall be no slaves in France”. (Edicts of 1315, 1318 and 1553).

Paragraph 162

Later, slavery was expressly declared to be abolished in the French colonies and possessions by the Decree of 27 April 1848, the substance of which was incorporated into the Constitution of the same year.

Paragraph 163

Under article 8 of that Decree, French nationals were forbidden to own, buy or sell slaves, even abroad.

Paragraph 164

Later, article I of the Sénatus-Consulte of 3 May 1854 provided that slavery could never be re-established in the territories under French rule.

Paragraph 167

An examination of the judicial precedents reveals that the above-mentioned principle, according to which the soil of France frees the slave who touches it, was declared applicable to aliens…

Paragraph 168

It was also held that the kidnapping of a person with intent to reduce him to slavery constituted an unlawful arrest or arbitrary imprisonment punishable by the criminal penalties laid down in article 341 et seq. of the above-mentioned Criminal Code (Order of the Court of Cassation).

Paragraph 175

Imprisonment for civil or commercial debts or to compel aliens to fulfil their obligations was abolished by the Act of 22 July 1867.

Article 1

Men are born and remain free and equal in rights. Social distinctions may be based only on considerations of the common good.

Article 4

Liberty consists in being able to do anything that does not harm others: thus, the exercise of the natural rights of every man has no bounds other than those that ensure to the other members of society the enjoyment of these same rights. These bounds may be determined only by Law.

Preamble

In the morrow of the victory achieved by the free peoples over the regimes that had sought to enslave and degrade humanity, the people of France proclaim anew that each human being, without distinction of race, religion or creed, possesses sacred and inalienable rights. They solemnly reaffirm the rights and freedoms of man and the citizen enshrined in the Declaration of Rights of 1789 and the fundamental principles acknowledged in the laws of the Republic.

They further proclaim, as being especially necessary to our times, the political, economic and social principles enumerated below:

…

Each person has the duty to work and the right to employment. No person may suffer prejudice in his work or employment by virtue of his origins, opinions or beliefs.

Constitution 1946 (PDF)

Chapter II: Other Crimes against Humanity

Article 212-1

It also constitutes a crime against humanity and is punishable by life imprisonment for one of the following acts committed in pursuance of a concerted plan against a group of the civilian population within the framework of a Generalized or systematic attack:

(3) Reduction to slavery;

(5) Imprisonment or any other form of serious deprivation of physical liberty contrary to fundamental provisions of international law;

(7) Rape, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable gravity;

(11) Other inhumane acts of a similar character intentionally causing large suffering or serious injury to physical or mental integrity.

The first two paragraphs of Article 132-23 relating to the period of security shall apply under this article.

Chapter IV: Violations of personal liberties

Section 1: From the enslavement and exploitation of enslaved persons

Article 224-1A

The enslavement is the exercise of a control over another person as one’s property.

The enslavement of another person is punished by 20 years in prison.

Article 224-1 B

The exploitation of a person who is enslaved is the act of committing a sexual assault against a person whose enslavement is apparent or known to the perpetrator, or of sequestering or subjecting him to forced work or service.

The exploitation of a person enslaved is punishable by twenty years’ imprisonment.

Article 224-1C

The crime of enslavement defined in article 224-1 A and the crime of exploitation of a person enslaved as defined in article 224-1 B are punishable by thirty years of imprisonment when they are committed :

(1) In respect of a minor;

(2) In respect of a person whose vulnerability due to age, disease, infirmity, physical or mental disability or pregnancy is apparent or known to the perpetrator;

(3) by a legitimate, natural or adoptive ascendant, or by a person who has authority over the victim, or abuses the authority conferred on him by his functions;

(4) by a person called upon to take part in the struggle against slavery or the maintenance of public order by his functions;

(5) When the crime is preceded or accompanied by torture or acts of barbarism.

Chapter V: Offenses against the Dignity of the Person

Section 1 bis: Trafficking in Human Beings

Article 225-4-1

1. Trafficking in persons is the act of recruiting, transporting, transferring, harboring or accommodating a person for the purpose of exploitation in any of the following circumstances:

(1) either with the use of threats, coercion, violence or fraudulent acts directed against the victim, his family or a person in habitual contact with the victim;

(2) Either by a legitimate, natural or adoptive ascendant of that person or by a person who has authority over or abuses the authority conferred on him by his functions;

(3) by abuse of a situation of vulnerability due to his age, illness, infirmity, physical or mental disability or pregnancy, apparent or known to his perpetrator;

(4) Either in exchange or by the granting of a remuneration or any other advantage or a promise of remuneration or advantage.

The exploitation referred to in the first subparagraph of this I is to place the victim at his disposal or at the disposal of a third party, even unidentified, in order either to allow the commission against the victim of offenses of procuring, Sexual abuse, enslavement, subjection to forced labor or services, reduction in servitude, harvesting of one of its organs, exploitation of begging, working conditions or Dignity, or to compel the victim to commit any crime or offense.

Trafficking in human beings is punishable by seven years’ imprisonment and a fine of € 150,000.

1. – Trafficking in human beings with regard to a minor is constituted even if it is not committed in any of the circumstances provided for in 1 ° to 4 ° of I.

It is punishable by ten years’ imprisonment and a fine of € 1,500,000.

Article 225-4-2

Article 225-4-2

I. The offense provided for in section I of section 225-4-1 is punishable by ten years’ imprisonment and a fine of € 1,500,000 when committed in two of the circumstances mentioned in 1 to 4 ° of the same I or with any of the following additional circumstances:

(1) In respect of several persons;

(2) In respect of a person who was outside the territory of the Republic or on his arrival in the territory of the Republic;

(3) When the person has been put in contact with the perpetrator of the facts through the use of an electronic communication network for the transmission of messages to an unspecified public;

(4) In circumstances directly exposing the person in respect of whom the offense is committed to an immediate risk of death or injury likely to result in permanent dismemberment or disability;

(5) With the use of violence which caused the victim a total incapacity for work of more than eight days;

(6) By a person called upon to take part in the fight against trafficking or the maintenance of public order by his or her duties;

(7) Where the offense has placed the victim in a material or psychological situation.

II.-The offense provided for in II of Article 225-4-1 shall be punishable by fifteen years’ imprisonment and a fine of € 1,500,000 when committed in one of the circumstances mentioned in (1) at

(4) I of the same article 225-4-1 or in one of the circumstances mentioned in (1) to (7) of I of this article.

Article 225-4-3

The offense provided for in article 225-4-1 is punishable by twenty years of criminal imprisonment and a fine of € 3,000,000 when committed in organized gangs.

Article 225-4-4

The offense provided for in article 225-4-1 committed by torture or barbaric acts is punishable by life imprisonment and by a fine of € 4,500,000.

Article 225-4-5

Where the crime or offense committed or to be committed against the person who is the victim of the offense of trafficking in human beings is punishable by deprivation of liberty for a period longer than that of imprisonment incurred in The offense of trafficking in persons shall be punished with penalties for the crimes or offenses of which the perpetrator has knowledge and, if the offense is accompanied by circumstances Aggravating penalties, punishment for the aggravating circumstances of which he became aware.

Article 225-4-6

Legal entities declared criminally liable under the conditions laid down in Article 121-2 of the offenses defined in this Section shall incur, in addition to the fine in accordance with the procedure laid down in Article 131-38, Article 131-39.

Article 225-4-7

Attempts to commit offenses under this section shall be punishable by the same penalties.

Article 225-4-8

Where the offenses provided for in Articles 225-4-1 and 225-4-2 are committed outside the territory of the French Republic, French law is applicable by way of derogation from the second paragraph of Article 113-6 and the second sentence Of Article 113-8 shall not apply.

Article 225-4-9

Any person who has attempted to commit the offenses provided for in this section shall be exempt from punishment if, having notified the administrative or judicial authority, it has prevented the commission of the offense and, where appropriate, The other authors or accomplices.

The penalty of deprivation of liberty incurred by the perpetrator or accomplice of one of the offenses set forth in this section shall be reduced by half if, having notified the administrative or judicial authority, the offense has been stopped, To prevent the offense from causing the death of a man or permanent infirmity and to identify, as the case may be, the other perpetrators or accomplices. When the penalty incurred is life imprisonment, it is reduced to twenty years’ imprisonment.

Section 2: Procuring and the resulting offenses.

Article 225-5

Pimping is the act, by anyone, in any way whatsoever:

(1) To assist, assist or protect the prostitution of others;

(2) to take advantage of the prostitution of others, to share the produce thereof, or to receive subsidies from a person habitually engaged in prostitution;

(3) To hire, train or divert a person for the purpose of prostitution or to exert pressure on him to prostitute himself or to continue to do so.

Pimping is punishable by seven years’ imprisonment and a fine of € 150,000.

Article 225-6

A person shall be deemed to be procuring and punishable by the penalties provided for in section 225-5 by any person in any manner whatsoever,

(1) To act as an intermediary between two persons, one of whom engages in prostitution and the other exploits or pays for the prostitution of others;

(2) To facilitate the justification of fictitious resources for a procurer;

(3) not be able to justify resources corresponding to his or her lifestyle while living with a person who habitually engages in prostitution or while being in habitual relations with one or more persons engaged in prostitution;

(4) To impede the prevention, control, assistance or rehabilitation activities undertaken by qualified organizations in respect of persons at risk of prostitution or engaged in prostitution.

Article 225-7

Pimping is punishable by ten years’ imprisonment and a fine of € 1,500,000 when committed:

(1) In respect of a minor;

(2) In respect of a person whose particular vulnerability, due to his age, disease, infirmity, physical or mental disability or pregnancy, is apparent or known to his perpetrator;

(3) In respect of several persons;

(4) In respect of a person who has been induced to engage in prostitution either outside the territory of the Republic or on his arrival in the territory of the Republic;

(5) By a legitimate, natural or adoptive ascendancy of the person who prostitutes himself or by a person who has authority over him or abuses the authority conferred on him by his functions;

(6) by a person called upon to participate in the fight against prostitution, the protection of health or the maintenance of law and order;

(7) by a person carrying a weapon;

(8) With the use of coercion, violence or deceitful maneuvers;

(9) By several persons acting as author or accomplice, without constituting an organized band;

(10) Through the use of an electronic communication network for the transmission of messages to an undisclosed audience.

The first two paragraphs of article 132-23 relating to the period of security shall apply to the offenses provided for in this article.

Article 225-7-1

Pimping is punishable by fifteen years of criminal imprisonment and a fine of € 3,000,000 when committed with respect to a minor of fifteen years of age.

Article 225-8

Pimping provided for in article 225-7 is punishable by twenty years of criminal imprisonment and a fine of € 3,000,000 when committed in organized gangs.

The first two paragraphs of Article 132-23 relating to the period of security shall apply to the offense provided for in this Article.

Article 225-9

Pimping by torture or barbaric acts is punishable by life imprisonment and a fine of € 4500000.

The first two paragraphs of article 132-23 relating to the period of security shall apply to the offense provided for in this article.

Article 225-10

The following is punishable by ten years’ imprisonment and a fine of € 750,000 by any person acting directly or through an intermediary:

(1) To hold, manage, operate, direct, operate, finance or contribute to the financing of a prostitution establishment;

(2) A licensee, manager, operator, officer, operating, financing or contributing to the financing of any establishment that is open to the public or used by the public, to accept or tolerate usually one or more persons engaged in prostitution Within the institution or its annexes or are looking for clients for prostitution;

(3) To sell or keep at the disposal of one or more persons premises or places not used by the public, knowing that they will engage in prostitution;

(4) To sell, lease or hold at any one of a person’s disposal vehicles of any kind knowing that they will engage in prostitution.

The first two paragraphs of Article 132-23 relating to the period of security shall apply to infringements

Article 225-10-1

The use by any means, including even a passive attitude, of proceeding publicly to solicit others in order to incite him to sexual relations in exchange for remuneration or a promise of remuneration is punished by two Month imprisonment and a fine of 3,750 Euros.

Article 225-11

Attempts to commit offenses under this section shall be punishable by the same penalties.

Section 2 bis: Recourse to the prostitution of minors or particularly vulnerable persons.

Article 225-12-1

The soliciting, accepting or obtaining, in exchange for remuneration or a promise of remuneration, sexual relations on the part of a minor engaged in prostitution, including Is punishable by three years’ imprisonment and a fine of 45,000 euros.

The same penalties apply to soliciting, accepting or obtaining, in exchange for remuneration or promise of remuneration, sexual relations by a person engaged in prostitution, including Occasionally, when that person has a particular vulnerability, apparent or known to the perpetrator, due to illness, infirmity, physical or mental disability or pregnancy.

Article 225-12-2

The penalties are increased to five years’ imprisonment and a fine of 75,000 euros:

(1) Where the offense is committed habitually or in relation to several persons;

(2) Where the person has been brought into contact with the perpetrator by means of the use of a communication network for the transmission of messages to an unspecified public;

(3) Where the acts are committed by a person who abuses the authority conferred on him by his duties;

(4) When the perpetrator deliberately or recklessly put the life of the person in danger or committed violence against him.

The penalties are increased to seven years imprisonment and a fine of € 100,000 for a minor of fifteen.

Section 2b: Exploitation of begging

Article 225-12-5

The exploitation of begging is done by anyone in any way whatsoever:

1. To organize the begging of others in order to profit from them;

(2) to take advantage of the begging of others, to share in the benefits of it, or to receive subsidies from a person habitually engaged in begging;

(3) To hire, train or divert a person for the purpose of begging, or to exert pressure on him to beg or continue to do so;

(4) To hire, train or divert a person for the purpose of personal enrichment with a view to delivering it to a service by means of a gift on the public highway.

It is equated with the exploitation of begging that one can not justify resources corresponding to one’s lifestyle while exercising a de facto influence, permanent or not, on one or more persons engaged in begging or being in relation Usual with this or these.

The exploitation of begging is punishable by three years of imprisonment and a fine of 45,000 Euros.

Article 225-12-6

The exploitation of begging is punishable by five years’ imprisonment and a fine of 75 000 Euros when it is committed:

1 ° In respect of a minor;

(2) In respect of a person whose particular vulnerability, due to his age, disease, infirmity, physical or mental disability or pregnancy, is apparent or known to his person;

3. In respect of several persons;

4 ° In respect of a person who has been induced to engage in begging either outside the territory of the Republic or on his arrival in the territory of the Republic;

(5) By a legitimate, natural or adoptive ascendancy of the person who begs or by a person who has authority over it or abuses the authority conferred on him by his functions;

(6) With the use of coercion, violence or fraudulent acts on the person engaging in begging, on his family or on a person in habitual contact with him;

(7) By several persons acting as authors or accomplices, without constituting an organized gang.

Article 225-12-7

The exploitation of the begging of others is punishable by 10 years imprisonment and 1 500 000 Euros of fine when it is committed in organized gang.

Section 3: Conditions of work and accommodation contrary to the dignity of the person, forced labor and reduction in servitude.

Article 225-13

Obtaining from a person whose vulnerability or state of dependency is apparent or known to the perpetrator the provision of unpaid services or in return for a remuneration manifestly unrelated to the importance of the work Shall be punished by five years’ imprisonment and a fine of € 150,000.

Individuals or legal entities guilty of the offense provided for in this section shall also incur the following additional penalty: prohibition of continuing vocational training provider activity within the meaning of Article L. 6313-1 of the Labor Code for a period of five years.

Article 225-14

The submission of a person whose vulnerability or state of dependence is apparent or known to the author to conditions of work or accommodation incompatible with human dignity shall be punished by five years’ imprisonment and 150 000 Euros of fine.

Article 225-14-1

Forced labour is an act through violence or threat of forcing someone to carry out labour without remuneration or exchange of payment regardless of the importance of the work. It is punishable by 7 years in prison and 200 00 € fine.

Article 225-14-2

Servitude is an act of making someone suffer regularly the offense provided in Article 225-4-1 through that person’s vulnerability or a state of dependence, visible or known to a perpetrator. The crime is punishable by 10 years of imprisonment and 300 000 € fine.

Article 225-15

I.-When committed in respect of several persons:

1. The offenses defined in Articles 225-13 and 225-14 are punishable by seven years imprisonment and a fine of € 200,000;
2. The offense defined in article 225-14-1 is punishable by ten years imprisonment and a fine of € 300,000;
3. The offense defined in article 225-14-2 is punishable by fifteen years imprisonment and a fine of € 400,000.

II.-When committed in respect of a minor:

1. The offenses defined in Articles 225-13 and 225-14 are punishable by seven years imprisonment and a fine of € 200,000;
2. The offense defined in article 225-14-1 is punishable by ten years imprisonment and a fine of € 300,000;
3. The offense defined in article 225-14-2 is punishable by fifteen years imprisonment and a fine of € 400,000.

III.-When committed in respect of several persons, including one or more minors:

1. The offenses defined in articles 225-13 and 225-14 are punishable by ten years imprisonment and a fine of € 300,000;
2. The offense defined in article 225-14-1 is punishable by fifteen years imprisonment and a fine of € 400,000;
3. The offense defined in article 225-14-2 is punishable by twenty years of criminal imprisonment and a € 500,000 fine.

Article 225-15-1

For the purposes of sections 225-13 to 225-14-2, minors or persons who have been victims of the acts described in these sections upon arrival in French territory are considered vulnerable persons or dependent persons.

Article 225-16

Legal entities found criminally liable, in accordance with the conditions laid down in Article 121-2, of the offenses defined in Articles 225-13 to 225-15 shall incur, in addition to the fine in accordance with the procedures laid down in Article 131-38:

(1) (Repealed);

(2) The penalties mentioned in article 131-39;

(3) The confiscation of goodwill intended for the lodging of persons and used to commit the offense provided for in Article 225-14.

Penal Code (PDF)

Section 3. – working and living conditions violating the dignity of persons

Article 225-13

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Obtaining the performance of unpaid services or of services against which a payment is made which clearly bears no relation to the importance of the work performed by abusing a person’s vulnerability or situation of dependence is punished by two years’ imprisonment and a fine of € 75,000.

Article 225-14

Ordinance No. 2000-916 of 19 September 2000 Article 3 Official Journal of 22 September into force 1 January 2002

Subjecting a person to working or living conditions incompatible with human dignity, by abusing a person’s vulnerability or situation of dependence, is punished by two years’ imprisonment and a fine of € 75,000.

Article 225-15

The offences defined under articles 225-13 and 225-14 are punished by five years’ imprisonment and a fine of € 150,000 when they are committed in respect of several persons.

Article 225-16

Act no. 1998-657 of 29 July 1998 Article 124 Official Journal of 31 July 98

Legal persons may be convicted of the offences defined by articles 225-13 to 225-15, pursuant to the conditions set out under article 121-2. The penalties incurred by legal persons are: 1° a fine, pursuant to the conditions set out under article 131-38; 2° the penalties set out under article 131-39.

Labour Code (PDF)