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Government Laws

Law on Suppression of the Kidnapping and Trafficking of Human Persons and Exploitation of Human Persons

(Taken verbatim from http://www.protectionproject.org/)

General Provisions

Art. 1. - The purpose of this law is to suppress the kidnapping of human persons for trafficking, and the exploitation of human persons in order to rehabilitate and to enhance the good tradition of the nation, the protection of human value and the protection of health and well being of the people.

Art. 2. - Shall absolutely be prohibited the kidnapping of human persons for trafficking or for prostitution and the exploitation of human persons either in or out of the Kingdom of Cambodia.

Kidnapping of Human Persons for Trafficking or for Prostitution

Art. 3. - Whoever, whether male or female, minor or major, citizen of whatever country, entices by coax, promise of money or jewelry, or by any other means, with or without consent of the person involved, by use of coercion threat or drug inducing sleep or causing loss of consciousness or memory in order to kidnap for trafficking or engaging in prostitution shall be punished by imprisonment from 10 to 15 years. If the victim is less than 15 years old, the punishment shall be from 15 to 20 years of imprisonment. The accomplice, the seller, the buyer or the receiver shall have the same punishment as the perpetrator. Shall also be deemed to be accomplice any person who provides money or other means for the commission of the offense. The means of transportation, the materials and the property used during the commission of the crime shall be confiscated for the government. Prostitution

Art. 4. - Shall be deemed to be a brothel-keeper or a pimp whoever:
Assists or protects one or many persons, by whatever means, with knowledge before the assistance or protection, of the prostitution of that person or persons, or solicits clients for him/her or them for the purpose of prostitution; or regularly shares the profits derived from the prostitution, in whatever form; or trains or coaxes, by whatever means, a male or female to engage in prostitution; or 4- Acts as a middleman, in whatever form, establishing contacts between male/female prostitutes and the brothel-keeper or the provider of profit for the prostitution of other persons; or allows a make or females to live at his/her house or any other place for the purpose of engaging him/her in prostitution for his/her profit.

Art. 5. - A brothel-keeper or a pimp shall be punished from 5 to 10 years of imprisonment. In case of repetition of the offense, the double of the punishment shall be applicable. A brothel-keeper shall be punished from 10 to 20 years of imprisonment in the following circumstances:

• The offense is committed on a minor under 15 years of age; or
• The offense is committed by coercion, violence or threat or use of a weapon; or
• The offense is committed by a husband, wife, fiancé, fiancée, father, mother, guardian, who forces a male or female to engage in prostitution; or
• The coercion of a victim to engage in prostitution in a foreign country or a victim who is a foreigner in Cambodia to engage in prostitution.

The court may, in addition to the principal penalty, apply the accessory penalties of degradation of civic rights and banishment.

Art. 6. - The accomplice or the person who attempts to commit an offense as provided in articles 4 and 5 shall have the same punishment as the perpetrator.

Immorality

Art. 7. - Whoever establishes a place to commit an immoral or obscene act shall be punished from 1 to 5 years imprisonment and from 5,000,000 (five million riels) to 30,000,000 (thirty million riels) fines. In case of repeated offense, the punishment shall be doubled.

Art. 8. - Whoever commits an immoral act to a minor under 15 years old, with or without his/her consent or buys him/her from a pimp or from another person, shall be punished from 10 to 20 years imprisonment. In case of repeated offense, the maximum of punishment shall be applicable. In addition to the principal penalty, the court may apply the accessory penalties of degradation of civic rights and banishment.

Art. 9. - The instructions in details for the enforcement of this law shall be covered in an Anoukret.

Art. 10. - Provisions contrary to this law shall be void.
Promulgated in the Phnom Penh Capital on February 29, 1996
In the name and by the order of His Royal Highness
Translated by Phat Mau, 2000.

A compilation of Cambodian laws relevant to Trafficking in Humans can be found at:
http://www.cdpcambodia.org/cambodian_law.asp
http://www.cdpcambodia.org/immigration_law.asp
http://www.cdpcambodia.org/trafficking_law.asp