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Estonia. Trafficking, exploitation

    Estonia. Trafficking, exploitation

    We have collected instructions, recommendations and contacts, which can help you in the chosen country and situation

    — Legislation punishing trafficking?

    Penal Code of Estonia

    § 133.  Trafficking in human beings

    1) Placing a person in a situation where he or she is forced to work under unusual conditions, engage in prostitution, beg, commit a criminal offence or perform other disagreeable duties, or keeping a person in such situation, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless or vulnerable situation of the person, is punishable by one to seven years’ imprisonment.

    (2) The same act if::

    • committed against two or more persons;
    • committed against a person of less than eighteen years of age;
    • committed against a person in a helpless situation;
    • committed in a torturous or cruel manner;
    • serious health damage is caused thereby;
    • danger to life is caused thereby;
    • committed by a group;
    • committed by taking advantage of official position;
    • serious consequences are caused thereby;
    •  committed by a person who has previously committed a criminal offence provided for in this section or §§ 1331, 1332, 1333 or 175 is punishable by three to fifteen years’ imprisonment.

    (3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

    (4) For the criminal offence provided for in this section, the court shall impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

    (5) For the purposes of this section, vulnerable situation is a situation where a person lacks an actual or acceptable opportunity not to commit any of the acts specified in subsection (1) of this section.

    § 1331.  Support to human trafficking

    (1) Transportation, delivery, escorting, acceptance, concealment or accommodation without prior authorisation of a person placed in a situation specified in subsection 133 (1) of this Code, or aiding without prior authorisation his or her forced acts in any other way, is punishable by up to five years’ imprisonment.

    (2) The same act if:

    • committed against two or more persons;
    • committed against a person of less than eighteen years of age;
    •  committed against a person in a helpless situation;
    • committed by taking advantage of official position, is punishable by two to ten years’ imprisonment.

    (3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

    (4) For the criminal offence provided for in this section, the court shall impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

    [RT I, 04.04.2012, 1 – entry into force 14.04.2012]

    § 1332.  Pimping

    (1) Organization of a meeting of a person engaged in prostitution with a client, owning, managing of a brothel, aiding of prostitution or renting of premises for keeping a brothel, or influencing of a person to cause him or her to commence or continue prostitution, if the act does not contain the necessary elements of an offence provided for §§ 133 or 1331 of this Code, is punishable by a pecuniary punishment or up to five years’ imprisonment.

    (2) The same act if:

    • committed by a person who has previously committed an offence provided for in this section or §§ 133, 1331, 1333 or 175;
    • committed for the purpose of large proprietary gain, is punishable by one to five years’ imprisonment

    (3) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

    (4) For the criminal offence provided for in this section, the court shall impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

    (5) For the purposes of this section, a brothel denotes any premises or limited area where a third party mediates the engagement of two or more people in prostitution or aids engagement of two or more people in prostitution.

    § 1333.  Aiding prostitution

    (1) Knowing aiding of prostitution if the act does not contain the necessary elements of an offence provided for §§ 133, 1331 or 1332 of this Code, is punishable by a pecuniary punishment or up to three years’ imprisonment.

    (2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

    § 175.  Human trafficking in order to take advantage of minors

    (1) Influencing of a person of less than eighteen years of age in order to cause him or her to commence or continue commission of a criminal offence, begging, engagement in prostitution or working under unusual conditions or to appear as a model or actor in the manufacture of a pornographic or erotic performance or work, but it does not contain the necessary elements of an offence provided for in § 133 of this Code, and a person aiding in other manner in the activities specified in this section of a person of less than eighteen years of age, is punishable by two to ten years’ imprisonment.

    (11) The same act if committed by a person who has previously committed a criminal offence provided for in this section or §§ 133 to 1333, § 1751 or §§ 178 to 179, is punishable by three to ten years’ imprisonment.

    (2) The same act, if committed by a legal person, is punishable by a  pecuniary punishment.

    (3) For the criminal offence provided for in this section, the court shall impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

    Criminalisation of trafficking victims

    List of local (N)GOs (if any) who specialize on this issue

    Human trafficking hotline, +372 660 7320 https://sotsiaalkindlustusamet.ee/et/ohvriabi-ennetustoo/inimkaubanduse-ennetamise-nouandeliin

    If you have been coerced into doing work that you do not consent to or have been coerced into prostitution, or if agreements you have made have been breached and your documents have been taken from you, contact the human trafficking prevention hotline for help.

    Did our instructions help?

    When compiling the instructions, we relied on the help of volunteers and lawyers from different countries. If something went wrong – the organization didn’t respond to you, you found a bug or the instructions weren’t precise enough – tell us about it. Email us at: help@labirint.online

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