Germany

Article 1: Human dignity - Human rights - Legally binding force of basic rights

(1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.

(2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.

(3) The following basic rights shall bind the legislature, the executive and the judiciary as directly applicable law.

Article 2: Personal freedoms

(1) Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law.

(2) Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights may be interfered with only pursuant to a law.

Article 11: Freedom of movement

(1) All Germans shall have the right to move freely throughout the federal territory.

(2) This right may be restricted only by or pursuant to a law, and only in cases in which the absence of adequate means of support would result in a particular burden for the community, or in which such restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or of a Land, to combat the danger of an epidemic, to respond to a grave accident or natural disaster, to protect young persons from serious neglect, or to prevent crime.

Article 12 Occupational freedom

(1) All Germans shall have the right freely to choose their occupation or profession, their place of work and their place of training. The practice of an occupation or profession may be regulated by or pursuant to a law.

(2) No person may be required to perform work of a particular kind except within the framework of a traditional duty of community service that applies generally and equally to all.

(3) Forced labour may be imposed only on persons deprived of their liberty by the judgment of a court.

Article 12a. Compulsory military and alternative civilian service

(1) Men who have attained the age of eighteen may be required to serve in the Armed Forces, in the Federal Border Police, or in a civil defence organisation.

(2) Any person who, on grounds of conscience, refuses to render military service involving the use of arms may be required to perform alternative service. The duration of alternative service shall not exceed that of military service. Details shall be regulated by a law, which shall not interfere with the freedom to make a decision in accordance with the dictates of conscience, and which shall also provide for the possibility of alternative service not connected with units of the Armed Forces or of the Federal Border Police.

(3) Persons liable to compulsory military service who are not called upon to render service pursuant to paragraph (1) or (2) of this Article may,

when a state of defence is in effect, be assigned by or pursuant to a law to employment involving civilian services for defence purposes, including the protection of the civilian population; they may be assigned to public employment only for the purpose of discharging police functions or such other sovereign functions of public administration as can be discharged only by persons employed in the public service. The employment contemplated by the first sentence of this paragraph may include services within the Armed Forces, in the provision of military supplies, or with public administrative authorities; assignments to employment connected with supplying and servicing the civilian population shall be permissible only to meet their basic requirements or to guarantee their safety.

(4) If, during a state of defence, the need for civilian services in the civilian health system or in stationary military hospitals cannot be met on a voluntary basis, women between the age of eighteen and fifty-five may be called upon to render such services by or pursuant to a law. Under no circumstances may they be required to render service involving the use of arms.

(5) Prior to the existence of a state of defence, assignments under paragraph (3) of this Article may be made only if the requirements of paragraph (1) of Article 80a are met. In preparation for the provision of services under paragraph (3) of this Article that demand special knowledge or skills, participation in training courses may be required by or pursuant to a law. In this case the first sentence of this paragraph shall not apply.

(6) If, during a state of defence, the need for workers in the areas specified in the second sentence of paragraph (3) of this Article cannot be met on a voluntary basis, the right of German citizens to abandon their occupation or place of employment may be restricted by or pursuant to a law in order to meet this need. Prior to the existence of a state of defence, the first sentence of paragraph (5) of this Article shall apply mutatis mutandis.

Basic Law for the Federal Republic of Germany 1949 (PDF)

Article 232.Trafficking in human beings

(1) A person shall be punished by imprisonment from six months to five years if he recruits, transports, passes on, harbours or receives another person by exploiting his personal or economic predicament or his helplessness connected with his stay in a foreign country, or if he recruits, transports, passes on, harbours or receives another person under twenty-one years of age, if

1. this person is to be exploited

(a) in the practice of prostitution or in the commission of sexual acts on or in front of the offender or a third person, or in the acquiescence by the offender or a third person in sexual acts committed on himself or herself

(b) through employment,

(c) in the exercise of begging; or

(d) when that person commits acts which are punishable by law,

2. this person is to be held in slavery, servitude, debt bondage or in conditions equivalent or similar to such, or
3. an organ is to be removed from this person unlawfully.

Exploitation through employment within the meaning of the first sentence, point 1(b), is present if the employment is carried out for the ruthless pursuit of profit under working conditions which are conspicuously disproportionate to the working conditions of such workers who are in the same or comparable employment (exploitative employment).

(2) Anyone who exploits another person who is to be exploited in the manner described in paragraph 1, first sentence, points 1 to 3, shall be punished by imprisonment from six months to ten years,

1. recruits, transports, transmits, harbours or receives by force, by threat of a serious offence or by cunning; or
2. abducts or seizes them or facilitates their seizure by a third person.

(3) In the cases referred to in paragraph 1, a prison sentence of between six months and ten years shall be imposed if 1. the victim is under eighteen years of age at the time of the offence

2. the perpetrator physically mistreats the victim during the act or at least recklessly endangers the victim's life or health by the act or any act committed during the act; or
3. the perpetrator is acting for gain or as a member of a gang which has joined together for the purpose of committing such acts.

In the cases referred to in paragraph 2, a prison sentence of between one and ten years is to be imposed if one of the circumstances referred to in sentence 1 numbers 1 to 3 applies.

(4) In the cases of subsections 1, 2 and 3, first sentence, the attempt shall be punishable

Article 232a, Forced prostitution

(1) Anyone who induces another person to stay in a foreign country by exploiting his personal or economic predicament or his helplessness connected with his stay in a foreign country, or anyone who induces another person under twenty-one years of age, shall be punished by imprisonment for a period of between six months and ten years,

1. take up or continue prostitution, or
2. to perform sexual acts, through which it is exploited, on or in front of the perpetrator or a third person, or to have them performed on themselves by the perpetrator or a third person

(2) The attempt is punishable.

(3) Anyone who induces another person to engage in or continue prostitution or the sexual acts referred to in paragraph 1(2) by force, by threat of a serious offence or by deceit shall be punished by imprisonment for a period of between one and ten years.

(4) In the cases of subsection (1), a prison sentence of between one and ten years and in the cases of subsection (3), a prison sentence of not less than one year shall be imposed if one of the circumstances specified in section 232(3), first sentence, numbers 1 to 3, applies.

(5) In less serious cases of subsection (1) above, a custodial sentence of between three months and five years and, in less serious cases of subsections (3) and (4) above, a custodial sentence of between six months and ten years.

(6) A penalty of imprisonment from three months to five years shall be imposed on anyone who takes part in a person who is a victim of

1. trafficking in human beings under section 232(1) first sentence number 1(a), also in conjunction with section 232(2), or
2. has become an offender in accordance with paragraphs 1 to 5 and engages in prostitution, performs sexual acts for remuneration or has them performed by her, taking advantage of her personal or economic predicament or her helplessness associated with her stay in a foreign country. According to sentence 1, anyone who voluntarily reports an offence according to sentence 1 number 1 or 2, which was committed to the detriment of the person who pursues prostitution according to sentence 1, to the competent authority or voluntarily arranges for such a report to be made, shall not be punished if the offender was not already aware of the offence at that time, either in whole or in part, and was aware of it or had to reckon with it on a reasonable assessment of the facts.

Article 232(b), Forced labour

(1) Anyone who induces another person to stay in a foreign country by exploiting his personal or economic predicament or his helplessness connected with his stay in a foreign country, or anyone who induces another person under twenty-one years of age, shall be punished by imprisonment for a period of between six months and ten years,

1. to take up or continue exploitative employment (section 232(1), second sentence)
2. engage in slavery, serfdom, debt bondage or any other similar or similar circumstances; or
3. start or continue the begging in which it is exploited.

(2) The attempt is punishable.

(3) Anyone who induces another person by force, by threatening a serious offence or by cunning shall be punished by imprisonment from one year to ten years,

1. to take up or continue exploitative employment (section 232(1), second sentence)
2. engage in slavery, serfdom, debt bondage or any other similar or similar circumstances; or
3. start or continue the begging in which it is exploited.

(4) Section 232a (4) and (5) shall apply accordingly.

Article 233, Exploitation of the labour force

(1) Anyone who exploits another person by exploiting his or her personal or economic predicament or the helplessness associated with living in a foreign country, or anyone who exploits another person under twenty-one years of age, shall be punished by imprisonment for up to three years or by a fine

1. by employment under section 232(1) sentence 2,
2. in the exercise of begging, or
3. when that person commits acts punishable by law.

(2) A penalty of imprisonment from six months to ten years shall be recognised if

1. the victim is under eighteen years of age at the time of the crime
2. the perpetrator physically mistreats the victim during the act or at least recklessly endangers the victim's life or health by the act or an act committed during the act
3. the perpetrator puts the victim in economic distress by withholding, in whole or in part, the consideration customary for the victim's activity, or significantly increases an existing economic distress, or
4. the offender acts as a member of a gang which has joined together for the purpose of committing such acts.

(3) The attempt is punishable.

(4) In less serious cases of subsection 1, the offender shall be punishable by imprisonment for up to two years or a fine; in less serious cases of subsection 2, the offender shall be punishable by imprisonment for between three months and five years.

(5) Anyone who abets an act referred to in paragraph 1(1) shall be punished by imprisonment for up to two years or by a fine by

1. placement in exploitative employment (Section 232 (1) sentence 2),
2. letting of business premises, or
3. renting of rooms to live in for the exploited person.

Sentence 1 shall not apply if the act is already punishable by a more severe penalty under other provisions.

Article 233a Exploitation involving deprivation of liberty

1. Anyone who imprisons or otherwise deprives another person of his liberty and exploits him in that situation shall be punished by imprisonment for a period of between six months and ten years
2. in the practice of prostitution,
3. by employment under section 232(1), second sentence,
4. in the exercise of begging, or
5. when that person commits acts punishable by law.

(2) The attempt is punishable.

(3) In the cases referred to in subsection 1, an attempt shall be punishable by imprisonment of between one and ten years if one of the circumstances referred to in section 233(2)(1) to (4) applies.

(4) In less serious cases of subsection 1, a prison sentence of three months to five years, in less serious cases of subsection 3, a prison sentence of six months to ten years shall be imposed

Section 234 Abduction for the purpose of abandonment or facilitating service in foreign military or para-military forces

(1) Whosoever gains physical control of another person by force, threat of serious harm, or deception in order to abandon them in a helpless situation or to introduce them into military or para-military service abroad shall be liable to imprisonment from one to ten years.

(2) In less serious cases the penalty shall be imprisonment from six months to five years.

Section 236 Child trafficking

(1) Whosoever in gross neglect of his duties of care and education leaves his child, ward or foster child under eighteen years of age with another for an indefinite period for material gain or with the intent of enriching himself or a third person shall be liable to imprisonment not exceeding five years or a fine. Whosoever in cases under the 1st sentence above takes the child, ward or foster child into his home for an indefinite period and awards compensation for it shall incur the same penalty.

(2) Whosoever unlawfully

1. procures the adoption of a person under eighteen years of age; or

2. engages in procurement activity with the aim of a third person taking a person under eighteen years of age into his home for an indefinite period,

and acts for consideration or with the intent of enriching himself or a third person shall be liable to imprisonment not exceeding three years or a fine. Whosoever, as an agent for the adoption of a person under eighteen years of age, grants a financial reward to a person in exchange for the required consent to the adoption shall incur the same penalty. If the offender in cases under the 1st sentence above causes the procured person to be brought into Germany or abroad the penalty shall be imprisonment not exceeding five years or a fine.

(3) The attempt shall be punishable.

(4) The penalty shall be imprisonment from six months to ten years if the offender

1. seeks profit or acts on a commercial basis or as a member of a gang whose purpose is the continued commission of child trafficking or

2. by the act places the child or the procured person in danger of a substantial impairment of his physical or mental development.

(5) The court may in its discretion mitigate the sentence (section 49(2)) for accomplices in cases under subsections (1) and (3) above and for secondary participants in cases under subsections (2) and (3) above, or order a discharge under subsections (1) to (3), if their guilt, taking into consideration the physical or mental welfare of the child or the procured person, is of a minor nature.

Section 237 Forced marriage

(1) Whosoever unlawfully with force or threat of serious harm causes a person to enter into a marriage shall be liable to imprisonment from six months to five years. The act shall be

unlawful if the use of force or the threat of harm is deemed inappropriate for the purpose of achieving the desired outcome.

(2) The same penalty shall apply to a person who, for the purposes of committing an offence under subsection (1) above, with force or threat of serious harm or through deception, transports that person, or causes that person to travel, to a territory outside the Federal Republic of Germany, or prevents that person from returning from there.

(3) The attempt shall be punishable.

(4) In less serious cases the penalty shall be imprisonment not exceeding three years or a fine.

Section 239: Unlawful imprisonment

(1) Whosoever imprisons a person or otherwise deprives him of his freedom shall be liable to imprisonment not exceeding five years or a fine.

(2) The attempt shall be punishable.

(3) The penalty shall be imprisonment from one to ten years if the offender

1. deprives the victim of his freedom for more than a week; or
2. by the offence or an act committed during the offence causes serious injury to the victim.

(4) If by the offence or an act committed during the offence the offender causes the death of the victim the penalty shall be imprisonment of not less than three years.

(5) In less serious cases under subsection (3) above the penalty shall be imprisonment from six months to five years, in less serious cases under subsection (4) above imprisonment from one to ten years.

Section 240: Using threats or force to cause a person to do, suffer or omit an act

(1) Whosoever unlawfully with force or threat of serious harm causes a person to commit, suffer or omit an act shall be liable to imprisonment not exceeding three years or a fine.

(2) The act shall be unlawful if the use of force or the threat of harm is deemed inappropriate

for the purpose of achieving the desired outcome.

(3) The attempt shall be punishable.

(4) In especially serious cases the penalty shall be imprisonment from six months to five

years. An especially serious case typically occurs if the offender

1. causes another person to engage in sexual activity or to enter into marriage;
2. causes a pregnant woman to terminate the pregnancy; or

3. abuses his powers or position as a public official.

Criminal Code (PDF)

Part 2: Crimes against International Law

Chapter 1: Genocide and crimes against humanity

Section 7: Crimes against humanity

(1) Whoever, as part of a widespread or systematic attack directed against any civilian population,

3. traffics in persons, particularly in women or children, or whoever enslaves a person in another way and in doing so arrogates to himself a right of ownership over that person,

shall be punished with imprisonment for not less than five years.

Section 8: War crimes against persons

(1) Whoever in connection with an international armed conflict or with an armed conflict not of an international character,

(4) sexually coerces, rapes, forces into prostitution or deprives a person who is to be protected under international humanitarian law of his or her reproductive capacity, or confines a woman forcibly made pregnant with the intent of affecting the ethnic composition of any population,

shall be punished with imprisonment for not less than three years.

German Civil Code (PDF)