article 358 – draft amendment

Article 358 (Organizing prostitution, forcing others to engage in prostitution, assisting others in organizing prostitution) Whoever arranges for or forces another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or be sentenced to confiscation of property:

(1) making arrangements for another person to engage in prostitution and the circumstances being serious;

(2) forcing a girl under the age of 14 to engage in prostitution;

(3) forcing a number of persons to engage in prostitution or repeatedly forcing another person to engage in prostitution;

(4) forcing the victim to engage in prostitution after raping her; or

(5) causing serious injury, death or other serious consequences to the person who is forced to engage in prostitution.

Whoever falls under any of the categories mentioned in the preceding paragraph, if the circumstances are especially serious, shall be sentenced to life imprisonment or death and shall also be sentenced to confiscation of property.

Whoever recruits or transports persons for a third person who organized prostitution, or commits other acts of assisting a third person in organizing others to prostitute shall be sentenced to not more than five years fixed-term imprisonment and shall also be fined. If circumstances are serious, he shall be sentenced to not less than five and not more than ten years fixed-term imprisonment, and shall also be fined.

Current version

Article 358 Whoever arranges for or forces another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or be sentenced to confiscation of property:

(1) making arrangements for another person to engage in prostitution and the circumstances being serious;

(2) forcing a girl under the age of 14 to engage in prostitution;

(3) forcing a number of persons to engage in prostitution or repeatedly forcing another person to engage in prostitution;

(4) forcing the victim to engage in prostitution after raping her; or

(5) causing serious injury, death or other serious consequences to the person who is forced to engage in prostitution.

Whoever falls under any of the categories mentioned in the preceding paragraph, if the circumstances are especially serious, shall be sentenced to life imprisonment or death and shall also be sentenced to confiscation of property.

Whoever assists in arranging for another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

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