CHAPTER 2
The Act of Selling/Buying or Exchanging a Human Being
Article 8:
Definition of Unlawful Removal
The act of unlawful removal in this law shall mean to:
1. remove a person from his/her current place of residence to
a place under the actor’s or a third person’s control by means of force,
threat, deception, abuse of power, or enticement, or
2. without legal authority or any other legal justification to do so,
take a minor or a person under general custody or curatorship or legal
custody away from the legal custody of the parents, care taker or
guardian.
Article 9:
Unlawful Removal, inter alia, of Minor
A person who unlawfully removes a minor or a person under general
custody or curatorship or legal custody shall be punished with
imprisonment from 2 to 5 years.
The punishment for the offence stipulated in this article shall be remitted
or mitigated when all of the following conditions are met:
1. The person taken under custody, being not less than fifteen
(15) years of age, voluntarily gives genuine consent to the criminal act;
2. None of the means stipulated in subparagraph 1 of
Article 8 of this law is used; and
3. The offender does not have any intent to commit an
offense.
The prosecution for the offence stipulated in this article may be
commenced only upon the filing of a complaint from the parent,
custodian/care taker or lawful guardian concerned unless any of the
means stipulated in subparagraph 1) of Article 8 of this law is used.
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