Child Trafficking

Child Trafficking in Europe

Child Trafficking in Germany

Provisions relating to child trafficking in the German Criminal Code [1]: This criminal issue is covered by Chapter Eighteen, under the heading “Offences Against Personal Freedom,” located in Section 236 Child trafficking, which reads: (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 of not more than 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 procures the adoption 1. of a person under eighteen years of age; or 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, 2. and acts for consideration or with the intent of enriching himself or a third person shall be liable to imprisonment of not more than 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 of not more than 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 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 1. by the act places the child or the procured person in danger of a substantial impairment of his physical or mental development. 2. (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.

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Notes

  1. The content of the translated German penal code in relation to child trafficking is current as of 2010

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