Human trafficking is illegal, but it is far from being a thing of the past. Even today, this form of despicable human exploitation still exists in various forms.

Human trafficking is generally understood to mean the recruitment, transport, transfer, harbouring or receipt of people by force or similar means or by taking advantage of a particular position of weakness with the aim of exploiting these people for one’s own purposes. Emergencies, adverse living conditions or the innocence of those affected are often exploited in a particularly vile manner. Human trafficking can serve various forms of exploitation. This often involves sexual exploitation – for example through forced prostitution – or labour exploitation – for example in physically demanding jobs in the low-wage sector.

With its draft law to strengthen the criminal prosecution of human trafficking and sexual exploitation, the Federal Government is now sending a clear signal in the fight against this “modern slavery” and will fundamentally revise the content and working of laws relating to the criminal offences. 

The aim of the draft law is to strengthen the fight against human trafficking in Germany and to bring perpetrators to justice more consistently. The Federal Government is thus transposing the EU directive on preventing and combating human trafficking and protecting its victims into national law. 

Extension of criminal liability to other forms of exploitation

In future, surrogacy, adoption and forced marriage will also be covered as forms of exploitation. This takes account of the continuously increasing number and relevance of criminal offences in connection with human trafficking that are committed for purposes other than sexual or labour exploitation.

Criminal liability of service users for the first time

For the first time, the draft law provides for the criminal liability of service users in relation to all forms of human trafficking exploitation. To date, German criminal law has only recognised the criminal liability of service users in relation to human trafficking in cases involving the use of sexual services, i.e. if the victim is a victim of forced prostitution or other sexual exploitation.

In future, however, anyone who uses the services of other people in the knowledge that these people are victims of exploitation, for example in the context of a construction project, will also be liable to prosecution.

Effective protection of children and young people

Children and young people are also targeted by offenders, tempted with false promises and exploited. The protection of children and young people against exploitation through sexual acts in return for payment is to be improved through new offences.

The offences of inducing, exploiting and using children and young people to engage in paid sexual acts will be restructured, extended and subject to higher penalties.

Impunity for enforced offences

Victims of human trafficking are often persuaded to commit other offences in connection with their exploitation. In order to highlight this predicament more clearly, an additional option has been created to discontinue criminal proceedings against these individuals.