Peru

Article 2
Every person has the right:
1. To life, his identity, his moral, psychical, and physical integrity, and his free development and well-being. The unborn child is a rights-bearing subject in all cases that benefit him.
11. To choose his place of residence, to move freely throughout the national territory, and to leave the country and return to it, except restrictions for reasons of health or due to a court order, or to the application of the Immigration Act.
15. To work freely, in accordance with the law.
24. To freedom and personal security. In consequence:
a. No one is obliged to do what the law does not command, nor prevented from doing what the law does not prohibit.
b. No restrictions whatsoever to personal freedom shall be permitted, except in cases provided by the law. Slavery, servitude, and traffic in human beings are prohibited in any form.
c. There is no imprisonment for debts. This provision does not restrict court orders in the case of contempt regarding child support obligations.
h. No one shall be a victim of moral, psychical, or physical violence, nor be subjected to torture or inhuman or humiliating treatment. Any individual may immediately request a medical examination for the injured person or someone who is unable to appeal to the authorities by himself. Statements obtained by means of violence are null and void. Whoever employs such violence shall be held liable.
Article 22
Work is a right and a duty. It is the foundation for social welfare and a means of self-realization.
Article 23
Work, in its diverse forms, is a matter of priority concern for the State, which provides special protection for working mothers, minors, and persons with disabilities.
The State promotes conditions for social and economic progress, in particular through policies aimed at encouraging productive employment and work education.
No working relation can limit the exercise of constitutional rights, nor disavow or disrespect the dignity of workers.
No one is obliged to work without pay or without his free consent.
Article 24
The worker is entitled to adequate and fair compensation that ensures both himself and his family material and spiritual well-being.
Payment of wages and social benefits for the worker takes priority over any other obligation of the employer.
Minimum wages are regulated by the State with participation of representative organizations of workers and employers.
Article 25
The normal workday is eight hours, or the normal workweek is forty-eight hours, at the longest. In the case of cumulative or atypical workdays, the average number of work hours during an equivalent period may not exceed that maximum.
Workers have the right to weekly and annual paid vacations. This benefit and compensation are regulated by law or agreement.
Article 26
The following principles must be respected in labor relationships:
1. Equal opportunity without discrimination.
2. Inalienability of the rights recognized by the Constitution and the law.
3. Interpretation in favor of the worker in cases of insurmountable doubt on the meaning of a regulation.

Article 151. Coercion
He who, by threat or violence, forces another to do what the law does not command or prevents him from doing what she does not prohibit will be repressed with imprisonment not more than two years.
Article 152. Kidnapping
A person who, without right, reason or justified faculty, deprives another of his or her personal liberty, regardless of the motive, purpose, modality or circumstance or time The aggrieved person suffers the deprivation or restriction of his freedom.
The penalty shall be not less than twenty nor greater than twenty-five years when:
1. It is abused, corrupted, treated with cruelty or endangers the life or health of the aggrieved.
2. Pretexts mental illness that does not exist in the aggrieved.
3. The aggrieved is an official, public servant or diplomatic representative.
4. The aggrieved is abducted for his activities in the private sector.
5. The aggrieved person is a relative, within the third degree of consanguinity or second affinity with the persons referred to in clauses 3 and 4 above.
6. The aggrieved is a minor or an elder.
7. Its purpose is to compel a public official or servant to release a detainee or an authority to grant unlawful demands.
8. It is committed to compel the aggrieved to join a criminal grouping or a third person to provide the offender with financial assistance or competition in any way.
9. Who, for the purpose of contributing to the commission of the crime of abduction, furnishes information which he has known by reason or on the occasion of his functions, office or office, or deliberately provides the means for the commission of the crime.
10. It is committed to obtain somatic tissues of the victim, without serious physical or mental damage.
The penalty shall be life imprisonment where the aggrieved person results in serious bodily harm or physical or mental health or death during the abduction or as a result of that act.
Article 153. Trafficking in persons
1. Any person who, through violence, threats or other forms of coercion, deprivation of liberty, fraud, deceit, abuse of power or vulnerability, granting or receiving payments or any benefits, captures, transports, receives or retains another, in the territory of the Republic or for its exit or entry of the country for exploitation purposes, is repressed with imprisonment of not less than eight nor more than fifteen years.
2. For purposes of paragraph 1, the purpose of exploitation of trafficking in persons includes, inter alia, the sale of children, adolescents, prostitution and any form of sexual exploitation, slavery or practices similar to slavery, any Form of labor exploitation, begging, forced labor or services, serfdom, extraction or trafficking of somatic organs or tissues or their human components, as well as any other analogous form of exploitation.
3. The recruitment, transport, transfer, reception, reception or retention of a child or adolescent for the purpose of exploitation is considered trafficking in persons, even when none of the means provided in subsection 1 is used.
4. The consent given by the adult victim to any form of exploitation has no legal effect when the agent has resorted to any of the means set out in paragraph 1.

5. The agent who promotes, favors, finances or facilitates the commission of the crime of trafficking in persons, is repressed with the same penalty provided for the perpetrator.
Article 153A. Aggravated Forms of Trafficking in Persons
The penalty shall be not less than twelve nor more than twenty years of imprisonment and disqualification pursuant to article 36, paragraphs 1, 2, 3, 4 and 5 of the Penal Code, when:
1. The agent commits the act by abusing the exercise of the public function;
2. The agent is a promoter, member or representative of a social, guardianship or business organization, that takes advantage of this condition and activities to perpetrate this crime.
3. There are plurality of victims;
4. The victim is between fourteen and under eighteen years of age or is incapable;
5. The agent is a spouse, partner, adopter, guardian, conservator, relative up to the fourth degree of consanguinity or second degree of affinity, or has the victim in his care for any reason or live in the same household.
6. The act is committed by two or more persons.
The penalty shall be a deprivation of liberty of not less than 25 years, when:
1. Death, serious injury or imminent danger to the life and safety of the victim.
2. The victim is less than fourteen years of age or has, temporarily or permanently, a physical or mental disability.
3. The agent is part of a criminal organization.
Article 168. Attack on freedom of work and association
A prison sentence of not more than two years shall be repressed, which obliges another person, by violence or threat, to perform any of the following acts:
1. Integrate or not a union.
2. Provide personal work without the corresponding remuneration.
3. Work without the conditions of industrial safety and hygiene determined by the authority. The same penalty shall apply to the one who fails to comply with the decisions consented or enforced issued by the competent authority; And to which it diminishes or distorts the production, simulates causes for the closure of the work center or leaves it to extinguish the labor relations.
Article 179. Favoring prostitution
Anyone who promotes or favors the prostitution of another person shall be punished with imprisonment of not less than two years and not more than five years.
The penalty shall be not less than four nor more than twelve years when:
1. The victim is under the age of fourteen.
2. The author employs violence, deception, abuse of authority, or any means of intimidation.
3. The victim is deprived of discernment for any cause.
4. The author is a relative within the fourth degree of consanguinity or second of affinity, or is a spouse, concubine, adopter, guardian or conservator or has the offender in his care for any reason.
5. The victim is in a situation of abandonment or extreme economic need.
6. The author has made pimping his trade or way of life.
Article 181. Procurement

Anyone who engages, seduces, or subtracts a person from another person for the purpose of sexual intercourse, or who delivers it for this purpose, shall be punished with imprisonment of not less than two years and not more than five years.
The penalty shall be not less than five nor more than twelve years, when:
1. The victim is less than eighteen years of age.
2. The agent uses violence, threat, abuse of authority or other means of coercion.
3. The victim is a spouse, concubine, descendant, adoptive child, son of his spouse or his concubine, or is in his care.
4. The victim is turned over to a pimp.
Article 182. Trafficking in Persons
Any person who promotes or facilitates the entry or exit of the country or the transfer within the territory of the Republic of a person for prostitution shall be punished with imprisonment of not less than five years nor more than ten years.
The penalty shall be not less than eight nor more than twelve years, if any of the aggravating circumstances listed in the previous article.
Article 303A. Illicit traffic in migrants
Any person who promotes, favors, finances or facilitates the illegal entry or exit of the country of another person, in order to obtain, directly or indirectly, profit or any other benefit for himself or for a third party, shall be punished with imprisonment of not less than Four or more than six years.
Article 303B. Aggravated Forms of Smuggling of Migrants
The penalty shall be not less than five nor more than eight years of imprisonment and disqualification under Article 36, paragraphs 1, 2, 3, 4 and 5 of the Penal Code, when:
1. The agent commits the act by abusing the exercise of the public function.
2. The agent is a promoter, member or representative of a social, guardianship or business organization, that takes advantage of this condition and activities to perpetrate this crime.
3. There are a plurality of victims.
4. The victim is between fourteen and under eighteen years of age, or is incapable.
5.The fact is committed by two or more people.
6. The agent is a spouse, cohabiting partner, adopter, guardian, conservator, relative up to the fourth degree of consanguinity or second degree of affinity, or has the victim in his care for any reason or live in the same household.
The penalty shall be deprivation of liberty not less than 25 years, when:
1.The death of the victim is caused, a serious injury that endangers the life or safety of the affected migrants;
2. The conditions of transport seriously endanger their physical or mental integrity.
3. The victim is under fourteen years of age or has, temporarily or permanently, a physical or mental disability.
4. The agent is part of a criminal organization.Peru Penal Code

Paragraph 374
Decree No. 1139 of 28 August 1821, article 1 of which provides as follows:
“The services which Peruvians hitherto known by the name of Indians or natives have performed under the title of mitas, pongos, encomiendas and yanaconazgos, and all other forms of personal servitude, are hereby abolished and no one may force them to render service against their will.”
Decree No. 1140, of 4 July 1825, which provides that: “No one in the State shall directly or indirectly require any personal service of the indigenous Peruvians except under the terms of a contract freely entered into for the remuneration of such service.”
Decree No. 1588 of 3 December 1854, promulgated by Marshal Ramón Castilla, the sole article of which provides that:
“As from today all men and women, regardless of their age, who have hitherto been held in Peru to be slaves or serfs, whether their condition as such is due to their having been sold into slavery or having been born into slavery, or who for any other cause find themselves subjected to perpetual or temporary servitude, shall be for ever completely free.”
Article 55 of the Political Constitution of the State, which has been in force since 9 April 1933, provides as follows:
“No one may be obliged to perform personal service without his free consent and without due recompense.”
The Agrarian Reform Act No. 1507, of 21 May 1964, in conformity with earlier enactments, abolished anti-social systems of labour and land working, providing as follows:
“With effect from the promulgation of this Act, all contracts whereby the use of land is granted subject to the performance of services, even if such services are remunerated in cash, are hereby revoked. Personal service of any kind shall automatically be subject to labour legislation.”
Paragraph 376
The Peruvian Penal Code defins certain practices similar to slavery as punishable offences. Thus, article 225 provides that:
“Any person who, taking advantage of the ignorance and moral weakness of a certain class of indigenous inhabitants or of other persons of similar condition, reduces them to a condition equivalent or similar to servitude shall b epunished by rigorous or ordinary imprisonment for a term not exceeding one year or by a fine of thirty to ninety days’ income and, in either case, by the special disabilities provided for in article 27, paragraphs 1, 2 and 3 for a period not exceeding five years.”

Paragraph 96
On 2 July 1937 the Government of Peru made a law prohibiting parents to abandon or sell their children under the age of 16 years and penalizing people who received them. On 18 July 1946 another law was made regulating the acquisition of children under 16 years of age and imposing on the Department of Native Affairs the duty of supervising the welfare of children so acquired under the law and seeing that they are adequately fed and paid and that their health and education are cared for.

Article 129-A. Human trafficking.

1. Whoever, by means of violence, threats or other forms of coercion, deprivation of liberty, fraud, deception, abuse of power or of a situation of vulnerability, granting or receiving payments or any benefit, recruits, transports, transfers, harbours, receives or retains another, in the territory of the Republic or for their exit or entry into the country for the purpose of exploitation, is punished with imprisonment of not less than eight nor more than fifteen years.
2. For the purposes of paragraph 1, the exploitative purposes of trafficking in persons include, inter alia, the sale of children or adolescents, prostitution and any form of sexual exploitation, slavery or practices similar to slavery, any form of labour exploitation, begging, forced labour or services, servitude, the extraction or trafficking of somatic organs or tissues or their human components, as well as any other similar form of exploitation.
3. The recruitment, transportation, transfer, harbouring, receipt or retention of a child or adolescent for the purpose of exploitation is considered trafficking in persons even if none of the means set forth in paragraph 1 are used.
4. The consent given by the victim of legal age to any form of exploitation has no legal effect when the agent has resorted to any of the means set forth in subsection 1.
5. The agent who promotes, favours, finances or facilitates the commission of the crime of trafficking in persons is punished with the same penalty as the perpetrator.

Article 129-B. Aggravated forms of human trafficking.

The penalty shall be not less than twelve nor more than twenty years’ imprisonment and disqualification in accordance with Article 36, paragraphs 1, 2, 3, 4 and 5, of the Criminal Code, when:

1. The agent commits the act by abusing the exercise of the public function.
2. The agent is a promoter, member or representative of a social, tutelary or business organisation, which takes advantage of this condition and activities to perpetrate this offence.
3. There is a plurality of victims.
4. The victim is between fourteen and less than eighteen years of age or is incapable.
5. The agent is a spouse, cohabitant, adoptive parent, guardian, curator, relative up to the fourth degree of consanguinity or second degree of affinity, or has the victim under his/her care for any reason or they live in the same household.
6. The act is committed by two or more persons.
7. The victim is in a state of pregnancy.

The penalty shall be deprivation of liberty for not less than 25 years, when:

1. Death, serious injury or imminent danger to the life and safety of the victim is caused; 2. the victim’s life and safety is endangered; 3. the victim’s life and safety is endangered; 4. the victim is in a state of pregnancy.
2. The victim is under fourteen years of age or suffers, temporarily or permanently, from any physical or mental disability.
3. The agent is part of a criminal organisation.

Article 129-C. Sexual Exploitation.

Whoever, by means of violence, threat or any other means, forces a person to perform acts of a sexual nature with the aim of obtaining financial or other advantage, shall be punished by imprisonment for a term of not less than ten nor more than fifteen years.

If the agent commits the offence by means of deception, manipulation or other conditioning, the same penalty as in the first paragraph shall apply.

The penalty of imprisonment shall be not less than fifteen nor more than twenty years, when:

1. The agent has the victim under his care or surveillance for any reason, or maintains a bond of superiority, authority, power or any other circumstance that impels the victim to place his trust in him.
2. The agent commits the offence in the field of tourism, in the context of the activity of a legal person or in the context of any economic activity.

The term of imprisonment shall be not less than twenty and not more than twenty-five years, when:

1. The agent is an ascendant or descendant by consanguinity, adoption or by affinity; a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity; a spouse, former spouse, cohabitant, former cohabitant or has children in common with the victim; or lives in the same household as the victim, provided that there are no contractual or employment relationships.
2. Sexual exploitation is a means of subsistence for the agent.
3. There is a plurality of victims.
4. The victim has a disability, is elderly, suffers from a serious illness, belongs to an indigenous or native people, or presents any situation of vulnerability.
5. There is a serious injury or imminent danger to the life or health of the victim.
6. It arises from a situation of human trafficking.
7. The agent acts as a member of a gang or criminal organisation.
8. The victim is in a situation of abandonment or extreme economic need.

If the death of the victim occurs, the custodial sentence shall be not less than twenty-five nor more than thirty years.

In all cases, the penalty of disqualification in accordance with Article 36 (1, 2, 3, 4, 5, 6, 8, 9, 10 and 11) shall also be imposed.

 

Article 129-D. Promotion or facilitation of sexual exploitation.

Whoever promotes, favours or facilitates the sexual exploitation of another person, shall be punished with imprisonment of not less than ten nor more than fifteen years.

The term of imprisonment shall be not less than fifteen nor more than twenty years, when:

1. The agent takes advantage of his or her capacity as a guardian or has the victim under his or her care or supervision for any reason, or has a relationship of superiority, authority, power or any other circumstance that leads the victim to place his or her trust in him or her.
2. The offender commits the offence in the field of tourism, in the context of the activity of a legal person or in the context of any economic activity.

The term of imprisonment shall be not less than twenty nor more than twenty-five years when:

1. The agent is an ascendant or descendant by consanguinity, adoption or by affinity; a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity; a spouse, former spouse, cohabitant, former cohabitant or has children in common with the victim; or lives in the same household as the victim, provided that there are no contractual or employment relationships.
2. It is a means of subsistence of the agent.
3. There is a plurality of victims.
4. The victim has a disability, is elderly, suffers from a serious illness, belongs to an indigenous or native people, or presents any situation of vulnerability.
5. When the agent knowingly favours or promotes violent acts of sexual exploitation that produce injuries or seriously endanger the integrity or life of the person carrying out the prostitution.
6. Serious injury or imminent danger to the life or health of the victim.
7. It arises from a situation of trafficking in human beings.
8. The agent acts as a member of a gang or criminal organisation.
9. The victim is in a situation of abandonment or extreme economic need.

If the death of the victim occurs, the custodial sentence shall be no less than twenty-five and no more than thirty years.

In all cases, the penalty of disqualification in accordance with Article 36, paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11 shall also be imposed.

 

Article 129-E. Client of sexual exploitation.

Whoever, by means of a financial benefit or advantage of any kind, has carnal access by vaginal, anal or oral means or performs other similar acts by introducing objects or parts of the body by any of these means with a victim of sexual exploitation shall be punished with imprisonment of not less than nine nor more than twelve years.

 

Article 129-F. Benefit from sexual exploitation.

Whoever, without participating in the acts of sexual exploitation of a person, receives a financial or other benefit from such acts, shall be punished by deprivation of liberty for a term of not less than six nor more than eight years.

The term of imprisonment shall be not less than eight years and not more than fourteen years when:

1. The agent is an ascendant or descendant by consanguinity, adoption or by affinity, a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity; a spouse, former spouse, cohabitant, former cohabitant or has children in common with the victim; or lives in the same home as the victim, provided that there are no contractual or employment relationships.
2. The agent takes advantage of his or her capacity as guardian; or has the victim under his or her care or supervision for any reason; or maintains a relationship of superiority, authority, power or any other relationship with the victim that generates trust in him or her.
3. It is a means of subsistence for the agent.
4. There is a plurality of victims
5. The victim belongs to an indigenous or native people.
6. The agent acts as a member of a criminal gang or organisation.
7. The victim is in a situation of abandonment or extreme economic need.

In all cases, the penalty of disqualification is also imposed in accordance with Article 36, paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11.

Article 129-G. Management of sexual exploitation.

Whoever directs or arranges the sexual exploitation of another person for the purpose of having carnal access shall be punished by imprisonment for a term of not less than ten nor more than fifteen years.

The term of imprisonment shall be not less than fifteen years and not more than twenty years when:

1. The agent has the victim under his care or supervision for any reason, or has a relationship of superiority, authority, power or any other circumstance that encourages the victim to place her trust in him.
2. The offender commits the offence in the field of tourism, in the context of the activity of a legal person or in the context of any economic activity.

The term of imprisonment shall be not less than twenty nor more than twenty-five years when:

1. The agent is an ascendant or descendant by consanguinity, adoption or by affinity; a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity; a spouse, former spouse, cohabitant, former cohabitant or has children in common with the victim; or lives in the same home as the victim, provided that there are no contractual or employment relationships.
2. It is a means of subsistence of the agent.
3. There is a plurality of victims.
4. The victim has a disability, is elderly, suffers from a serious illness, belongs to an indigenous or native people, or presents any situation of vulnerability.
5. There is a serious injury or imminent danger to the life or health of the victim.
6. It arises from a situation of human trafficking.
7. The agent acts as a member of a gang or criminal organisation.
8. The victim is in a situation of abandonment or extreme economic need.

If the death of the victim occurs, the custodial sentence shall be no less than twenty-five and no more than thirty years.

In all cases, the penalty of disqualification in accordance with Article 36, paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11 shall also be imposed.

Article 129-H. Sexual exploitation of children and adolescents.

Anyone who causes a child or adolescent to engage in acts of a sexual nature with the aim of obtaining economic or other benefits shall be sentenced to not less than fifteen nor more than twenty years of imprisonment.

Consent given by the adolescent shall have no legal effect.

The penalty of deprivation of liberty shall be not less than twenty nor more than thirty years if the perpetrator:

1. Is a promoter, member or representative of a social, tutelary or business organisation that takes advantage of this condition and carries out activities to perpetrate this offence.
2. Has the victim under his or her care or supervision, for any reason, or maintains a relationship of superiority, authority, power or any other circumstance that encourages the victim to place his or her trust in the agent.

The penalty of imprisonment shall be not less than thirty nor more than thirty-five years when:

1. The agent is an ascendant by consanguinity, adoption or by affinity, a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity, guardian, spouse, ex-spouse, cohabitant, ex-cohabitant or has children in common with the victim; or lives in the same home as the victim, provided that there are no contractual or employment relationships.
2. It is a means of subsistence of the agent.
3. There is a plurality of victims.
4. The victim has a disability, suffers from a serious illness, or presents any situation of vulnerability.
5. The victim belongs to an indigenous or native people.
6. The agent puts the victim’s life or physical or mental health in imminent and serious danger.
7. It arises from a situation of human trafficking.
8. The agent acts as a member of a gang or a criminal organisation.
9. The victim is in a situation of abandonment or extreme economic need.
10. The victim is under fourteen years of age.

The penalty shall be life imprisonment:

1. If the death of the victim is caused.
2. If the physical or mental health of the victim is seriously injured.
3. If, as a consequence of the sexual exploitation, the victim under 14 years of age has carnal access through the vagina, anus or mouth or performs any other similar act with the introduction of an object or part of the body through one of the first two ways.

In all cases, the penalty of disqualification in accordance with Article 36, paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11 shall also be imposed.

 

Article 129-I. Promotion and facilitation of sexual exploitation of children and adolescents.

Whoever promotes, favours or facilitates the sexual exploitation of a child or adolescent shall be sentenced to not less than fifteen nor more than twenty years’ imprisonment.

The consent given by the adolescent has no legal effect.

If the person who favours, directly or through a third party, uses as a means a payment or promise of payment, economic or otherwise, to the minor, shall be sentenced to not less than twenty nor more than twenty-five years of imprisonment.

The term of imprisonment shall be not less than twenty years and not more than thirty years if the offender:

1. Is a promoter, member or representative of a social, tutelary or business organisation that takes advantage of this condition and carries out activities to perpetrate this offence.
2. Has the victim under his or her care or supervision, for any reason, or maintains a relationship of superiority, authority, power or any other circumstance that encourages the victim to place his or her trust in him or her.

The penalty of imprisonment shall be not less than thirty nor more than thirty-five years when:

1. The agent is an ascendant by consanguinity, adoption or by affinity, a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity, guardian, spouse, ex-spouse, cohabitant, ex-cohabitant or has children in common with the victim; or lives in the same home as the victim, provided that there are no contractual or employment relationships.
2. It is a means of subsistence of the agent.
3. There is a plurality of victims.
4. The victim has a disability, suffers from a serious illness, or presents any situation of vulnerability.
5. The victim belongs to an indigenous or native people.
6. When the agent knowingly favours or promotes violent acts of sexual exploitation that produce injuries or seriously endanger the integrity or life of the person carrying out the sexual exploitation.
7. It arises from a situation of trafficking in persons.
8. The agent acts as a member of a gang or criminal organisation.
9. The victim is in a situation of abandonment or extreme economic need.
10. The victim is under fourteen years of age.

The penalty shall be life imprisonment:

1. If the death of the victim is caused.
2. If the physical or mental health of the victim is seriously injured.
3. If, as a consequence of the sexual exploitation, the victim under 14 years of age has carnal access through the vagina, anus or mouth or performs any other similar act with the introduction of an object or part of the body through one of the first two ways.

In all cases, the penalty of disqualification in accordance with § 36 (1, 2, 3, 4, 5, 6, 8, 9, 10 and 11) is also imposed.

 

Article 129-J. Client of adolescent.

Whoever, by means of an economic benefit or advantage of any kind, has carnal access by vaginal, anal or oral means or performs other similar acts by introducing objects or parts of the body by any of the first two means with a person aged fourteen and under eighteen, shall be sentenced to not less than fifteen nor more than twenty years of imprisonment.

Consent given by the adolescent shall have no legal effect.

 

Article 129-K. Benefiting from the sexual exploitation of children and adolescents.

Whoever, without participating in the acts of sexual exploitation of a child or adolescent, receives an economic or other benefit derived from such acts shall be punished with imprisonment of not less than ten nor more than fifteen years.

The consent given by the adolescent has no legal effect.

The penalty of deprivation of liberty shall be not less than fifteen nor more than twenty years if the offender:

1. Is a promoter, member or representative of a social guardianship or business organisation that takes advantage of this condition and carries out activities to perpetrate this offence.
2. Has the victim under his or her care or supervision, for any reason, or maintains a relationship of superiority, authority, power or any other circumstance that leads the victim to place his or her trust in him or her.

The penalty of imprisonment shall be not less than twenty nor more than thirty years when:

1. The agent is an ascendant by consanguinity, adoption or by affinity, a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity, guardian, spouse, former spouse, cohabitant, former cohabitant or has children in common with the victim; or lives in the same home as the victim, provided that there are no contractual or employment relationships.
2. It is a means of subsistence of the agent.
3. There is a plurality of victims.
4. The victim has a disability, suffers from a serious illness or presents any situation of vulnerability.
5. The victim belongs to an indigenous or aboriginal people.
6. It derives from a situation of human trafficking.
7. The agent acts as a member of a gang or criminal organisation.
8. The victim is in a situation of abandonment or extreme economic need.
9. The victim is under fourteen years of age.

The custodial sentence shall be no less than thirty-five years if the victim’s death is caused or his or her physical or mental health is seriously injured.

In all cases, the penalty of disqualification in accordance with Article 36, paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11 shall also be imposed.

 

Article 129-L. Management of the sexual exploitation of children and adolescents.

Whoever directs or manages the sexual exploitation of a child or adolescent for the purpose of having carnal access shall be sentenced to not less than fifteen nor more than twenty years’ imprisonment.

Consent given by the adolescent has no legal effect.

The penalty of deprivation of liberty shall be not less than twenty nor more than thirty years if the perpetrator:

1. Is a promoter, member or representative of a social, tutelary or business organisation that takes advantage of this condition and carries out activities to perpetrate this offence.
2. Has the victim under his or her care or supervision, for any reason, or maintains a relationship of superiority, authority, power or any other circumstance that encourages the victim to place his or her trust in him or her.

The penalty of imprisonment shall be not less than thirty nor more than thirty-five years when:

1. The agent is an ascendant by consanguinity, adoption or by affinity, a collateral relative up to the fourth degree of consanguinity or adoption, or second degree of affinity, guardian, spouse, ex-spouse, cohabitant, ex-cohabitant or has children in common with the victim; or lives in the same home as the victim, provided that there are no contractual or employment relationships.
2. It is a means of subsistence of the agent.
3. There is a plurality of victims.
4. The victim has a disability, suffers from a serious illness, or presents any situation of vulnerability.
5. The victim belongs to an indigenous or native people.
6. The agent puts the victim’s life or physical or mental health in imminent and serious danger.
7. It arises from a situation of human trafficking.
8. The agent acts as a member of a gang or a criminal organisation.
9. The victim is in a situation of abandonment or extreme economic need.
10. The victim is under fourteen years of age.

The penalty shall be life imprisonment:

1. If the death of the victim is caused.
2. If the physical or mental health of the victim is seriously injured.
3. If, as a consequence of the sexual exploitation, the victim under 14 years of age has carnal access through the vagina, anus or mouth or performs any other similar act with the introduction of an object or part of the body through one of the first two ways.

In all cases, the penalty of disqualification according to § 36 (1, 2, 3, 4, 5, 6, 8, 9, 10 and 11) is also imposed.

 

Article 129-M. Child pornography.

Whoever possesses, promotes, manufactures, distributes, exhibits, offers, markets, publicises, publishes, imports or exports by any means objects, books, writings, images, videos or audios, or performs live shows of a sexual nature, in which minors under eighteen years of age participate, shall be punished with imprisonment of not less than six nor more than ten years and a fine of one hundred and twenty to three hundred and sixty-five days.

The penalty of deprivation of liberty shall be not less than ten nor more than fifteen years and fifty to three hundred and sixty-five days’ fine when:

1. The victim is less than fourteen years of age.
2. The material is disseminated through any information or communication technology or any other means that generates mass dissemination.
3. The agent acts as a member or member of a criminal gang or organisation.

In all cases, the penalty of disqualification is also imposed in accordance with Article 36, paragraphs 1, 2, 3, 4, 5, 6, 8, 9, 10 and 11.

 

Article 129-N. Media publication of offences against sexual freedom of children and adolescents

The manager or person in charge or another person with decision-making power over publications or editions who authorises or orders the dissemination of child pornography or the publicising of acts that lead to the trafficking or sexual exploitation of children and adolescents shall be punished with a prison sentence of not less than four nor more than six years, as well as the penalty of disqualification in accordance with Article 36, paragraphs 1, 2, 3, 3, 4, 6, 8, 9, 10 and 11.

 

Article 129-Ñ. Slavery and other forms of exploitation.

Whoever forces a person to work in conditions of slavery or servitude, or reduces or maintains them in such conditions, with the exception of the offence of sexual exploitation, shall be sentenced to not less than ten nor more than fifteen years’ imprisonment.

If the agent commits the offence by means of deception, manipulation or other conditioning, the same penalty as in the first paragraph shall apply.

The consent given by the child or adolescent has no legal effect.

The penalty of deprivation of liberty is not less than fifteen years nor more than twenty years, when:

1. The victim is between fourteen and less than eighteen years of age.
2. The agent commits the offence within the framework of the activities of a legal person or in the context of any economic activity.
3. If the agent has the victim under his care or supervision for any reason, or has a relationship of superiority, authority, power or other relationship with the victim that leads the victim to place his trust in him.

The penalty of deprivation of liberty is not less than twenty nor more than twenty-five years, when:

1. The agent is a relative of the victim up to the fourth degree of consanguinity or second degree of affinity.
2. The exploitation is a means of subsistence of the agent.
3. There is a plurality of victims.
4. The victim has a disability, is under fourteen years of age, is an elderly adult, suffers from a serious illness, belongs to an indigenous people, is a migrant worker or presents any situation of vulnerability.
5. There is serious injury or imminent danger to the life or health of the victim.
6. It arises from a situation of human trafficking.

If the death of the victim occurs, the custodial sentence is not less than twenty-five nor more than thirty years.

In all cases, the penalty of disqualification in accordance with Article 36 (1, 2, 3, 4, 5, 6, 8, 10 and 11) shall also be imposed.

 

Article 129-O. Forced labour

Whoever subjects or forces another person, by any means or against their will, to perform work or provide a service, whether paid or unpaid, shall be sentenced to imprisonment for a term of not less than six nor more than twelve years and a fine of one hundred to two hundred day-fines.

The penalty shall be imprisonment for a term of not less than twelve years and not more than fifteen years and a fine of two hundred to three hundred day-fines if any of the following circumstances apply:

1. The agent has the victim under his care or surveillance for any reason, or has a relationship of superiority, authority, power or any other relationship with the victim that encourages the victim to place his trust in him.
2. The victim is between fourteen and less than eighteen years of age, and the activity is prohibited by law because of his or her age.
3. The agent commits the offence within the framework of the activity of a legal person or in the context of any economic activity.

The penalty shall be imprisonment of not less than fifteen nor more than twenty years and a fine of three hundred to three hundred and sixty-five day-fines, in the following cases:

1. The agent is a relative of the victim up to the fourth degree of consanguinity or second degree of affinity.
2. There is a plurality of victims.
3. The victim is under fourteen years of age, is an older adult, has a disability, suffers from a serious illness, belongs to an indigenous people, is a migrant worker or presents any situation of vulnerability.
4. There is serious injury or imminent danger to the life or health of the victim.
5. It arises from a situation of human trafficking.

If it results in the death of the victim, the custodial sentence is not less than twenty and not more than twenty-five years. The same fine applies if the preceding aggravating factors are present. In all cases, the penalty of disqualification in accordance with Article 36 (1, 2, 3, 4, 5, 6, 8, 10 and 11) shall also be imposed.

 

Article 129-P. Onerous intermediation of organs and tissues.

Anyone who, for profit and without observing the law on the matter, buys, sells, imports, exports, stores or transports human organs or tissues from living persons or corpses, under the following circumstances, shall be sentenced to not less than three nor more than six years’ imprisonment:

• uses the written or audiovisual media or a database or computer system or network; or
• constitutes or is part of a criminal organisation to achieve those purposes.

If the agent is a medical or health professional or official in the health sector, he shall be sentenced to imprisonment for not less than four nor more than eight years and disqualification in accordance with Article 36 (1), (2), (4), (5) and (8).

The person who receives the donor or those who carry out the acts provided for in this Article shall be exempt from punishment if their relations with the favoured person are so close as to excuse their conduct.

 

Article 151. Coercion

He who, by threat or violence, forces another to do what the law does not command or prevents him from doing what she does not prohibit will be repressed with imprisonment not more than two years.

Article 152. Kidnapping

A person who, without right, reason or justified faculty, deprives another of his or her personal liberty, regardless of the motive, purpose, modality or circumstance or time The aggrieved person suffers the deprivation or restriction of his freedom.

The penalty shall be not less than twenty nor greater than twenty-five years when:

1. It is abused, corrupted, treated with cruelty or endangers the life or health of the aggrieved.
2. Pretexts mental illness that does not exist in the aggrieved.
3. The aggrieved is an official, public servant or diplomatic representative.
4. The aggrieved is abducted for his activities in the private sector.
5. The aggrieved person is a relative, within the third degree of consanguinity or second affinity with the persons referred to in clauses 3 and 4 above.
6. The aggrieved is a minor or an elder.
7. Its purpose is to compel a public official or servant to release a detainee or an authority to grant unlawful demands.
8. It is committed to compel the aggrieved to join a criminal grouping or a third person to provide the offender with financial assistance or competition in any way.
9. Who, for the purpose of contributing to the commission of the crime of abduction, furnishes information which he has known by reason or on the occasion of his functions, office or office, or deliberately provides the means for the commission of the crime.
10. It is committed to obtain somatic tissues of the victim, without serious physical or mental damage.

The penalty shall be life imprisonment where the aggrieved person results in serious bodily harm or physical or mental health or death during the abduction or as a result of that act.

 

Article 168. Attack on freedom of work and association

A prison sentence of not more than two years shall be repressed, which obliges another person, by violence or threat, to perform any of the following acts:

1. Integrate or not a union.
2. Provide personal work without the corresponding remuneration.
3. Work without the conditions of industrial safety and hygiene determined by the authority. The same penalty shall apply to the one who fails to comply with the decisions consented or enforced issued by the competent authority; And to which it diminishes or distorts the production, simulates causes for the closure of the work center or leaves it to extinguish the labor relations.

 

Article 168-A. Infringement of the health and safety conditions in the workplace.

Whoever, deliberately, in breach of occupational health and safety regulations and being legally obliged to do so, puts the life, health or physical integrity of his workers in imminent danger in a serious manner, shall be sentenced to imprisonment for not less than one nor more than four years.

If, as a consequence of the deliberate non-observance of occupational health and safety regulations, the death of the worker or third parties is caused or serious injury is caused, and the agent could have foreseen this result, the penalty shall be not less than four nor more than eight years’ imprisonment in the case of death, and not less than three nor more than six years’ imprisonment in the case of serious injury

Article 179. Favoring prostitution

Anyone who promotes or favors the prostitution of another person shall be punished with imprisonment of not less than two years and not more than five years.

The penalty shall be not less than four nor more than twelve years when:

1. The victim is under the age of fourteen.
2. The author employs violence, deception, abuse of authority, or any means of intimidation.
3. The victim is deprived of discernment for any cause.
4. The author is a relative within the fourth degree of consanguinity or second of affinity, or is a spouse, concubine, adopter, guardian or conservator or has the offender in his care for any reason.
5. The victim is in a situation of abandonment or extreme economic need.
6. The author has made pimping his trade or way of life.

Article 181. Procurement

Anyone who engages, seduces, or subtracts a person from another person for the purpose of sexual intercourse, or who delivers it for this purpose, shall be punished with imprisonment of not less than two years and not more than five years.

The penalty shall be not less than five nor more than twelve years, when:

1. The victim is less than eighteen years of age.
2. The agent uses violence, threat, abuse of authority or other means of coercion.
3. The victim is a spouse, concubine, descendant, adoptive child, son of his spouse or his concubine, or is in his care.
4. The victim is turned over to a pimp.

Article 303A. Illicit traffic in migrants

Any person who promotes, favors, finances or facilitates the illegal entry or exit of the country of another person, in order to obtain, directly or indirectly, profit or any other benefit for himself or for a third party, shall be punished with imprisonment of not less than Four or more than six years.

Article 303B. Aggravated Forms of Smuggling of Migrants

The penalty shall be not less than five nor more than eight years of imprisonment and disqualification under Article 36, paragraphs 1, 2, 3, 4 and 5 of the Penal Code, when:

1. The agent commits the act by abusing the exercise of the public function.
2. The agent is a promoter, member or representative of a social, guardianship or business organization, that takes advantage of this condition and activities to perpetrate this crime.
3. There are a plurality of victims.
4. The victim is between fourteen and under eighteen years of age, or is incapable.

5.The fact is committed by two or more people.

6. The agent is a spouse, cohabiting partner, adopter, guardian, conservator, relative up to the fourth degree of consanguinity or second degree of affinity, or has the victim in his care for any reason or live in the same household.

The penalty shall be deprivation of liberty not less than 25 years, when:

1.The death of the victim is caused, a serious injury that endangers the life or safety of the affected migrants;

2. The conditions of transport seriously endanger their physical or mental integrity.
3. The victim is under fourteen years of age or has, temporarily or permanently, a physical or mental disability.

4. The agent is part of a criminal organization

PENAL CODE AS AMENDED IN 2021