Macao Daily News ── To Know the Laws of Macao
Provisions relating to the Crime of “Trafficking in Persons”

Published in newspaper on 25.09.2023

　　The Macao SAR Government has always paid great attention to the combat against trafficking in persons. In 2007, the Macao SAR Government established the Human Trafficking Deterrent Measures Concern Committee to respond to the activities related to trafficking in persons and in 2008, the crime of “trafficking in persons” was established and added to the Criminal Code. In order for the public to keep paying attention to, prevent and combat the activities related to trafficking in persons, we will review the old subject to gain new insights by introducing to you the constitutive elements of the crime of “trafficking in persons” and its relevant penalties.

　　According to paragraph 1 of Article 153-A of the Criminal Code, the act of offering, delivering, inducing, recruiting, accepting, transporting, transferring, harbouring or receiving a person for the purpose of sexual exploitation, exploitation of labour or services of that person, in particular forced or compulsory labour or services, slavery or practices similar to slavery, removal of organs or tissues of human origin by violence, abduction, deception or fraud, or other means prescribed by law constitutes the crime of “trafficking in persons” and the perpetrator shall be punished with a maximum penalty of 12 years of imprisonment.

　　 If the victim is a minor, regardless of whether the perpetrator has used violence, abduction, deception or fraud, or other means prescribed by law, as long as they were to achieve the purposes referred to in paragraph 1, the crime of “trafficking in persons” will be constituted and the perpetrator shall be punished with a maximum penalty of 15 years of imprisonment pursuant to paragraphs 2 and 3 of Article 153-A of the Criminal Code. If the victim is under the age of 14, the penalty will even be aggravated and the perpetrator shall be punished with a maximum penalty of 20 years of imprisonment.

　　 In addition to the aforementioned acts that will constitute the crime of “trafficking in persons”, paragraphs 4 to 6 of Article 153-A of the Criminal Code also stipulate that if the perpetrator, by means of receiving benefits, surrenders a minor, or gives the consent to the adoption of a minor, or retains, conceals, damages or destroys the identity or travel documents of a victim of trafficking in persons, etc., the crime of “trafficking in persons” will also be constituted and in general, the perpetrator shall be punished with a maximum penalty of 5 years of imprisonment.

　　 Therefore, if you suspect any suspicious situation of trafficking in persons, please contact the police as soon as possible, or call the 24-hour human trafficking report and assistance hotline at 2888-9911 to provide information.

　 Note: The content of this article has references primarily to the provisions of Law 6/2008 on Combat the Crime of Trafficking in Persons and Article 153-A of the Criminal Code. 　　

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