The law on Anti Human Trafficking
Article 1- Act of human trafficking involves:
1st - Smuggling into, smuggling out or illegal transit of person or persons across the borders of the country by means of force, coercion, threat, deception, abuse of one's power or position, abuse of situation of the vulnerable person for the purpose of prostitution, removal of limbs or organs, slavery and marriage.
2nd - Receiving, transporting, hiding or harboring person or persons as referred to in 1st Paragraph after transporting them across the border with the same purposes.
Article 2- Following acts involves human trafficking:
1st - Formation or heading groups and gangs with the purpose of the illegal acts as referred to in Article 1 of the present law.
2nd - Legal or illegal transit(smuggling into or smuggling out), transport or transfer of person or persons in an organized manner with the purpose of prostitution or other purposes as referred to in Article(1) of the present law even with their consent.
3rd - Illegal transit (smuggling into or smuggling out), transfer or transport of person or persons with the purpose of prostitution even with their consent.
Article 3 - It the act of "human trafficking" is considered as the crimes mentioned in the Islamic punishment code, the perpetrator or the perpetrators shall be punished based on the punishment defined in the above mentioned code, otherwise he/she or they shall be sentenced to 2 up to 10 years of Imprisonment and face a pecuniary penalty equaling to two times of the money or properties gained as a result of the criminal act or the money or the property which was supposed to be paid by the victim or third party to the perpetrator.
Note 1 - If the trafficked person is less than 18 years old and the act is not considered as Moharebe (act of war against Allah) and Mofsede Fel Arz(act of spreading corruption on earth) the perpetrator will face maximum sentence projected in the present Article.
Note 2 - Those who make the attempt to commit the crimes referred to in the present law but no criminal act occurs without their free will, will be sentenced to 6 month up to 2 years imprisonment.
Note 3 - Accomplices of human trafficking crime shall be sentenced to 2 up to 5 years imprisonment and shall face a pecuniary penalty equaling to the money and property gained as the result of the crime or the money or property which was supposed to be paid by the victim or a third party to the perpetrators.
Article 4 - If any government staff or any staff of institutions, companies and organizations affiliated to the government or armed forces or non-governmental institutes and organizations or Islamic Revolution institutes and in general any staff of the three main branches, to any extent, is involved in the crimes referred to in the present law, in addition to the punishments projected in the present law, given to the extent of the crime, shall be dismissed from his post or any other government post on temporary or permanent basis.
Article 5 - If any private company or institution has been established under any title with the purpose of committing the crimes referred to in the present law, in addition to the execution of the relevant projected punishment the permits for their activities shall become null and void and its further activities shall be prevented by the judiciary verdict.
Article 6 - If the crime of human trafficking occurs concurrently with other types of crimes the perpetrator or perpetrators in addition to punishments projected for human trafficking, shall be sentenced to punishments for committing other crimes as well.
Article 7 - Every Iranian citizen who commits one of the crimes referred to in the present law, out of the Iranian territory, shall be subject to the provisions of the present law.
Article 8 - All objects, tools and vehicles which were used for human trafficking deliberately and knowingly shall be confiscated in favor of the government.
Done and adopted in 8 Articles and 3 Notes in the open session of the Islamic Consultative Assembly of the Islamic Republic of Iran on Tir 28th 1383.
The view of the Guardian Council as stipulated in the Article 94 of the Islamic Republic of Iran's Constitution was not received before the deadline. |