Romania

Paragraph 397
The Romanian People’s Republic…intends to co-operate in the abolition of slavery and maintains in its penal laws a special text (article 491 of the 1936 Criminal Code, reissued on 27 February 1948, with the subsequent amendments) to pu8nish those acts, should they be committed abroad or in Romanian territory.
Paragraph 399
Article 491 of the Criminal Code: “Anyone who reduces a person to, or keeps him in slavery or a similar condition or takes part in the slave trade or in the conveyance of slaves commits the offence of slavery and shall be liable to a term of one to five years’ correctional imprisonment.

Article 22. The right to life and to physical and mental well-being
(1) The right to life, as well as the right to physical and mental integrity of person are guaranteed.
(2) No one may be subjected to torture or to any kind of inhuman or degrading punishment or treatment.
Article 23. Individual freedom
(1) Individual freedom and security of a person are inviolable.
Article 25. Free movement
(1) The right of free movement within the national territory and abroad is guaranteed. The law determines the conditions for the exercise of this right.
(2) Every citizen is assured the right to establish his domicile or residence anywhere in the country, to emigrate, as well as to return to his country.
Article 41. Labor and the social protection of labor
1. The right to work shall not be restricted. Everyone has the right to freely choose his/her profession, trade or occupation, as well as work place.
2. All employees are entitled to measures of social protection. Such measures concern employees' safety and health, working conditions for women and young people, the establishment of a national minimum wage, the weekly time off, paid annual holidays, work under difficult or special conditions, and other specific situations, as defined by law.
3. The maximum duration of a working day is 8 hours on average.
4. Women receive the same pay as men for equal work.
5. The right to collective bargaining and the binding nature of collective agreements are guaranteed.
Article 42. The prohibition of forced labor
1. Forced labor is prohibited.
2. The following do not constitute forced labor:
a. activities in the military service or activities which, in accordance with the law, are carried out in lieu thereof due to religious or conscience-related reasons;
b. work which is carried in normal conditions by a person which has received a sentence during detention or conditional release;
c. activities necessary in order to deal with a natural disaster or some other danger, or which result from normal civil obligations established by law.
Article 49. Protection of children and youth
3. The exploitation of minors and their employment in activities which might be harmful to their health or morals or which might endanger their life or normal development are prohibited.

4. Minors under the age of 15 cannot be hired as employees.Romania Constitution

Article 182. Exploitation of a person
Exploitation of a person means:
a) forcing a person to carry out work or a task;
b) enslavement or other similar procedures to deprive of freedom or place in bondage;
c) forcing persons into prostitution, pornography, in view of obtaining and distributing pornographic material or any other types of sexual exploitation;
d) forcing into mendicancy;
e) illegal collection of body organs, tissues or other cells.
Article 205. Illegal deprivation of freedom
(1) Illegal deprivation of freedom against a person shall be punished by strict imprisonment from 3 to 10 years.
(2) If the act is committed in one of the following circumstances:
a) by simulating official qualities;
b) by abduction;
c) by a person who is armed;
d) by two or more persons together;
e) if in exchange for release a material or any other benefit is demanded;
f) if the victim is a minor,
g) if the victim is subjected to suffering or his/her health or life is endangered,
the penalty shall be strict imprisonment from 7 to 15 years.
(3) If for the person’s release it is demanded, in any way, that the State, a natural or legal person, an international or intergovernmental organisation or a group of persons should accomplish or should not accomplish a certain act, the penalty shall be severe detention from 15 to 20 years.
(4) If the act resulted in the victim’s death or suicide, the penalty shall be severe detention from 15 to 25 years.
Article 209. Slavery
Placing or keeping a person in slavery, as well as trafficking in slaves, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.
Article 210. Trafficking in human beings
(1) Recruitment, transportation, transfer, harboring or receipt of persons for exploitation purposes:
a) by means of coercion, abduction, deception, or abuse of authority;
b) by taking advantage of the inability of a person to defend themselves or to express their will or of their blatant state of vulnerability;
c) by offering, giving and receiving payments or other benefits in exchange for the consent of an individual having authority over such person,
shall be punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) Trafficking in human beings committed by a public servant in the exercise of their professional duties and prerogatives shall be punishable by no less than 5 and no more than 12 years of imprisonment.
(3) The consent expressed by an individual who is a victim of trafficking does not represent an acceptable defense.

Article 211. Trafficking in underage persons
(1) Recruitment, transportation, transfer, harboring or receipt of a juvenile for the purpose of their exploitation shall be punishable by no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(2) If such act was committed under the terms of Art. 210 par. (1) or by a public servant while in the exercise of their professional duties and prerogatives, it shall be punishable by no less than 5 and no more than 12 years of imprisonment and a ban on the exercise of certain rights.
(3) The consent expressed by an individual who is a victim of trafficking does not
represent a acceptable defense.
Article 212. Pressing into forced or compulsory labour
An act of compelling a person, in cases other than the ones established by the legal stipulations, to work against their will or to compulsory labor shall be punishable by no less than 1 and no more than 3 years of imprisonment.
Article 213. Pandering
(1) The causing or facilitation of the practice of prostitution or the obtaining of financial benefits from the practice of prostitution by one or more individuals shall be punishable by no less than 2 and no more than 7 years of imprisonment and a ban on the exercise of certain rights.
(2) In the event that a person was determined to engage in or continue the practice of prostitution through coercion, the penalty shall be no less than 3 and no more than 10 years of imprisonment and a ban on the exercise of certain rights.
(3) If such acts are committed against an underage person, the special limits of the penalty shall be increased by one-half.
(4) Practicing prostitution means having sexual intercourse with various individuals for the purpose obtaining financial benefits for oneself or for others.

Article 214. Exploitation of beggary
(1) An act of an individual who causes a juvenile or a person having physical or psychic disabilities to resort repeatedly to the public’s pity in order to ask for material help or benefits from financial benefits from such activity shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine.
(2) If such act is committed in the following situations:
a) by a parent, guardian, curator or by the person under whose care the begging person is;
b) by means of coercion,
it shall be punishable by no less than 1 and no more than 5 years of imprisonment.
Article 216. Use of exploited person’s services
The action of using the services listed under Art. 182 by a person about whom the beneficiary knows that they are a victim of trafficking in human beings or of trafficking of underage persons, shall be punishable by no less than 6 months and no more than 3 years of imprisonment or by a fine, unless such action is a more serious offense.
Article 217. Punishing the attempt
The attempt to commit the offenses set forth by Art. 209-211and Art. 213 par. (2) shall be punishable.
Article 439. Crimes against humanity
(1) The act of committing, as part of a generalized or systematic attack on a civilian population, one of the following offenses:
(c) Slavery or trafficking in human beings, especially women or children;Shall be punishable by life imprisonment or no less than 15 and no more than 25 years of imprisonment and a ban on the exercise of certain rights.Romania Criminal Code

Article 2
In the present law, the terms and expressions below have the following meaning:
1. The phrase "trafficking in persons" means the violations stipulated in articles 12 and 13;
2. The phrase "exploitation of a person" means:
a. performing forced labor or services, in violation of the legal requirements on labor conditions, pay, health and security;
b. keeping such persons in a state of slavery or using other ways to deprive a person of his/her freedom or to force the person into submission;
c. compelling a person to engage in prostitution, in pornographic performances for the production and distribution of pornographic material, or in other forms of sexual exploitation;
d. harvesting of human organs;
e. engaging in other such activities that violate fundamental human rights and liberties.
Article 12
(1) Whoever recruits, transports, transfers, harbors or receives a person, through the use of threats or violence or the use of other forms of coercion, through kidnapping, fraud or misrepresentation, abuse of power or by taking advantage of that person’s inability to defend him-/herself or to express his/her will or by giving or receiving money or other benefits in order to obtain the agreement of a person who has control over another person with the intent of exploiting the latter, commits a criminal violation of this Law and shall be punished with 3 to 12 years imprisonment and denial of a number of rights.
(2) Whoever engages in trafficking in human beings under the following circumstances:
a) traffics two or more persons at the same time;
b) causes the victim to sustain serious bodily harm or serious health problems, shall be punished with 5 to 15 years imprisonment and denial of a number of rights.
(3) If the violation in this Article has resulted in the victim’s death or suicide, the offender shall be punished by 15 to 25 years imprisonment and denial of a number of rights.

Article 13
(1) Whoever recruits, transports, transfers, harbors or receives a person aged between 15 and 18, with the intent of exploiting that person, commits the crime of trafficking in underage persons and shall be punished by 3 to 12 years imprisonment and denial of a number of rights.
(2) If the violation within paragraph (1) was committed against a person aged less than 15, the punishment shall be 5 to 15 years imprisonment and denial of a number of rights.
(3) If the violations within paragraphs (1) and (2) are committed with the use of threats or violence or of other forms of coercion, through kidnapping, fraud or misrepresentation, abuse of power or by taking advantage of that person’s inability to defend him-/herself or to express his/her will or by giving or receiving money or other benefits in order to obtain the agreement of a person who has control over another person, the offender shall be punished with 5 to 15 years imprisonment and denial of a number of rights in the case of paragraph (1) and 7 to 18 years imprisonment and denial of a number of rights in the case of paragraph (2).

(4) For the violations within paragraphs (1), (2) and (3) that have been committed in the conditions of Article 12 paragraph (2) punishment shall be 5 to 15 years imprisonment and denial of a number of rights in the case of paragraph (1), 5 to 17 years imprisonment and denial of a number of rights in the case of paragraph (2) and 5 to 18 years imprisonment and denial of a number of rights in the case of paragraph (3), thesis 1 and 7 to 20 years imprisonment and denial of a number of rights in the case of paragraph (3), thesis 2.
(5) If the violations in this Article have resulted in the victim’s death or suicide, the offender shall be punished with 15 to 25 years imprisonment and denial of a number of rights, or life imprisonment.
Article 14
Whoever commits the violations within Articles 12 and 13 as a member of an organized group or has obtained or produced, for him/herself or for others, significant material proceeds out of the commission of those violations shall receive 3 additional years to the maximum specific term of imprisonment.
Article 15
(1) The attempt to commit the crimes within Articles 12-14 is also punishable.
(2) The act of organizing the commission of the crimes within this Chapter constitutes a crime and shall be punished like crimes committed in an organized manner.
Article 16
Consent on the part of the trafficked person does not exonerate the offender from criminal liability.

Article 17
(1) Whoever causes or allows, knowingly, directly or through an intermediary, the entry or stay on the Romanian territory of a non-Romanian citizen who is being trafficked as defined by this law:
a) by the use of fraudulent means, violence or threats or other forms of coercion, or
b) by abusing the special state of the trafficked person, which results from that person’s illegal or precarious situation of entry or stay in Romania or from pregnancy, a disease or disability or from a physical or mental challenge, commits a criminal offence and shall be punished for the crime of trafficking in human beings.
(2) Whoever commits the violations within paragraph 1 as a member of an organized group or repeatedly shall receive 2 additional years to the maximum specific term of imprisonment.Romania Trafficking in Persons Law