Cambodia: Law of 1996 on Suppression of the Kidnapping, Trafficking and Exploitation of Human Persons
|Publisher||National Legislative Bodies / National Authorities|
|Publication Date||29 February 1996|
|Other Languages / Attachments||French|
|Cite as||Cambodia: Law of 1996 on Suppression of the Kidnapping, Trafficking and Exploitation of Human Persons , 29 February 1996, available at: http://www.refworld.org/docid/3ae6b51c8.html [accessed 21 September 2014]|
|Comments||This is an unofficial translation. The Law was adopted by the National Assembly of the Kingdom of Cambodia on 16 January 1996 during the 5th Session of its first legislature. It was promulgated by Decree No. CS/RKM/0296/01 on 29 February 1996.|
Article 1:This law has an objective of suppressing the acts of Kidnapping of human persons for trafficking /sale and the exploitation of human persons, in order to rehabilitate and upgrade the respect for good national tradition, protect human dignity and protect the health and welfare of the people.
Article 2:The kidnapping of human persons for trafficking/sale or for prostitution and the exploitation on human persons, inside or outside of the Kingdom of Cambodia, shall be strictly prohibited.
KIDNAPPING OF HUMAN PERSONS FOR TRAFFICKING/SALE OR FOR PROSTITUTION
Article 3:Any person who lures a human person, even male or female, minor or adult of whatever nationality by ways of enticing or any other means, by promising to offer any money or jewellery, even though upon there is or no consent from the concerned person, by ways of forcing, threatening or using of hypnotic drugs, in order to kidnap him/her for trafficking/sale or for prostitution, shall be subject to imprisonment from ten (10) to fifteen (15) years . Shall be punished to imprisonment from fifteen (15) to twenty (20) years, for the case if the victim is a minor person of less than 15 years old. Those who are accomplices, traffickers/sellers, buyers, shall be subject to the same punishment term as which of the perpetrator(s). Shall also be considered as accomplices, those who provide money or means for committing offences. All means of transportation, materials and properties which are used during the commission of offences, shall be confiscated as State's property.
Article 4:Shall be considered as a pimp (male or female) or head of prostitutes, any person:
1who supports or protects one or more persons, by whatever means with knowledge in advance of the act of prostitution of such person(s) or seeks customers for such person(s) for the purpose of prostitution, or
2who regularly shares the benefits obtained from the prostitution acts in any form, or
3who brings men or women by whatever means for a training and convincing them to become male or female prostitutes, or
4who acts as an intermediary by whatever form, to create relationships between male and female prostitutes with the head/owner of a brothel or with a person who provides benefits on the prostitution of other persons, or
5who confines men or women in his/her house or any place, for a purpose of forcing them to commit prostitution to earn money for him/her.
Article 5:Any male or female pimp or head of prostitutes, shall be punished from five ( 5) to ten (10) years in prison. In case of repeated offence, double term of the above punishment shall be applied. Shall be subject to punishment to imprisonment from ten (10) to twenty (20) years, in case if upon a pimp:
1commits an offence onto a minor person of below 15 years old, or
2commits an offence by coercion and violence or by threat or weapon, or
3who is a husband, wife, boy/girl friend, father or mother or guardian, forces a man or woman to commit prostitution, or
4who forces a victim to commit prostitution outside of the country or, a victim who is a foreigner to commit prostitution on the territory of the Kingdom of Cambodia.The court may, in addition to the above principal punishment term, apply a sub-punishment, by restriction of the civil rights and non-authorization of residence.
Article 6:The accomplices or those who attempt to commit offenses as stated in the Articles 4 and 5 above, shall also be subject to the same punishment term as which of the perpetrator(s).
Article 7:Any person who opens a place for committing a debauchery or obscene acts, shall be punished to imprisonment from one (1) to five (5) years and with a fine penalty of from five million (5,000,000) Riels to thirty million (30,000,000) Riels. In case of repeated offence, the above punishment terms shall be doubled.
Article 8:Any person who commits debauchery acts onto a minor person of below 15 years old, even if there is consent from the concerned minor person or if upon buying such minor person from somebody else or from a head of the prostitutes, shall be subject to punishment from ten (10) to twenty (20) years in prison. In case of not giving up, the maximum punishment term shall be applied. The court may, in addition to the above principal punishment, apply a sub-punishment by restriction of the civil rights and non-authorization of residence.
Article 9:Detail instruction for the application of this law, shall be determined by a Sub-decree.
Article 10:Any provisions contrary to this law shall be hereby repealed.
THIS LAW WAS PASSED BY THE NATIONAL ASSEMBLY OF THE KINGDOM OF CAMBODIA, ON 16 JANUARY 1996, DURING THE 5th OF ORDINARY SESSION OF ITS 1st LEGISLATURE.
Phnom Penh, on January 1996
The President of the National Assembly,
Signed and sealed by