Harsher penalties for human traffickers in Moldova: parliament eliminates possibility of suspending sentences in severe cases

People convicted of aggravated forms of human trafficking will no longer be able to benefit from the conditional suspension of their sentence. The parliament has adopted, in the second reading, a new legislative framework on preventing and combating human trafficking and protecting victims, which increases penalties and expands support measures for exploited persons.

The draft law, developed by the Justice Ministry, aims to align the legislation of Moldova with European Union standards and to strengthen mechanisms for preventing and combating one of the most serious forms of organized crime.

One of the most important amendments provides for the inclusion of aggravated forms of human trafficking in the list of offences for which conditional suspension of the sentence can no longer be applied.

According to the authors, this measure seeks to increase the deterrent effect of these crimes and ensure the application of penalties proportional to the seriousness of the acts.

The draft also adapts the legislation to new methods used by traffickers. Thus, the retention of a victim’s passport will also constitute an offence, not only the theft, concealment or destruction of travel documents. The authorities explain that this practice is frequently used to limit victims’ freedom of movement and to prevent them from seeking help.

The new provisions also introduce additional forms of exploitation recognized by law. Forced marriage will be expressly regulated as a distinct purpose of human trafficking, and the legislation will incorporate such concepts as enslavement for the purpose of exploitation, the exchange of a person, or the transfer of control over that person.

At the same time, human trafficking committed through the use of information technologies, social networks or electronic communications will constitute an aggravating circumstance.

In addition to harsher penalties, the law also strengthens victims’ rights. Trafficked persons will receive free medical and psychiatric services and may be accommodated in specialized centers for an initial period of 30 days, with the possibility of extension depending on their needs.

Foreign citizens identified as victims of human trafficking will be allowed to work during their period of temporary residence without being required to get an additional work permit.

The law also stipulates that victims will be questioned only in the presence of a lawyer and a psychologist, and in the case of child victims, the state will provide assistance and support measures for the entire family, in order to facilitate the reintegration of minors into a safe environment.

The document further provides that the strategic monitoring of the phenomenon and the assessment of human trafficking trends, both nationally and internationally, will be carried out by the National Coordinator for Combating Human Trafficking.

According to the authors, the new amendments strengthen both the criminal response against traffickers and the system of protection and assistance for victims, in line with the European and international commitments assumed by Moldova.

The law will enter into force three months after its publication in the Official Journal.