Translated by the Legal Assistance Unit of the Cambodia Office of the UN High Commissioner for Human Rights
Translation reviewed and corrected by staff of the Cambodian Defenders Project

Law on Suppression of the

Kidnapping, Trafficking, and

Exploitation of Human Beings

CHAPTER ONE

GENERAL PROVISION

Article 1:

This law has an objective of suppressing the acts of kidnapping of persons for trafficking/sale and the exploitation of persons, in order to rehabilitate and upgrade respect for good national tradition, to protect human dignity and to protect the health and welfare of the people.

Article 2:

The kidnapping of persons for trafficking/sale or prostitution, and the exploitation of persons, inside or outside of the Kingdom of Cambodia, shall be strictly prohibited.

CHAPTER TWO

KIDNAPPING OF PERSONS FOR TRAFFICKING/SALE OR FOR PROSTITUTION

Article 3:

Any person who lures another person, male or female, minor or adult of whatever nationality by ways of enticing or any other means, by promising to offer any money or jewelry, whether or not there is consent from that other 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. The perpetrator shall be punished by imprisonment from fifteen (15) to twenty (20) years, if the victim is a minor of less than 15 years old.

Those who are accomplices, traffickers/sellers, and/or buyers shall be subject to the same punishment as that of the perpetrator(s).

Those who provide money or means for committing offences shall also be considered as accomplices.

All modes of transportation, all materials and all properties which are used during the commission of offenses shall be confiscated as State's property.

CHAPTER THREE

PIMP

Article 4:

Any person shall be considered a pimp (male or female) or head of prostitutes:

1. who supports or protects one or more other 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;

2. who regularly shares the benefits obtained from acts of prostitution in any form, or;

3. who brings men or women by whatever means for training and convincing them to become male or female prostitutes, or;

4. who acts as an intermediary in any form to create relationships between male and female prostitutes and the head/owner of a brothel, or with a person who provides benefits for the prostitution of other persons, or;

5. who confines men or women in his/her house, or any place, in order to force them to commit prostitution to earn money for him/her.

Article 5:

Any male or female pimp (or head of prostitutes) shall be punished with five (5) to ten (10) years imprisonment. In the case of repeated offenses, the above punishment terms shall be doubled.

A pimp shall be subject to ten (10) to twenty (20) years imprisonment if he or she:

1. commits an offense on a minor, below 15 years of age, or;

2. commits an offense by using coercion and violence, or by a threat or a weapon, or;

3. who, as a husband, wife, boy/girlfriend, father or mother or guardian, forces a man or woman to commit acts of prostitution, or;

4. who forces a victim to commit acts of prostitution outside of the country, or forces a victim who is a foreigner to commit acts of 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 restricting the civil rights of the guilty and by the non-authorization of residence.

Article 6:

Accomplices or those who attempt to commit offenses as stated in Articles 4 and 5 above shall also be subject to the same punishment term as that of the perpetrator(s).

CHAPTER FOUR

DEBAUCHERY

Article 7:

Any person who opens a place for committing debauchery or obscene acts shall be punished by imprisonment from one (1) to five (5) years and by a fine of five million (5,000,000) riel to thirty million (30,000,000) riel. In the case of repeated offenses, the above punishment terms shall be doubled.

Article 8:

Any person who commits acts of debauchery involving a minor below 15 years old, even if there is consent from the concerned minor, or even if the person has bought such minor from someone else or from a pimp, shall be punished by ten (10) to twenty (20) years in prison. In case of repeat offenses, the maximum punishment term shall be applied.

The court may, in addition to the above principal punishment, apply a sub-punishment by restriction of civil rights and by the non-authorization of residence.

CHAPTER FIVE

FINAL PROVISIONS

Article 9:

Detailed instructions 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.

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