Germany plans harsher sentences, wider prosecutions for trafficking

Germany is seeking to crack down on human trafficking by prosecuting clients across a broader range of sectors and increasing penalties for traffickers under a draft law approved by the Cabinet on Wednesday.

The proposed legislation aims to shift the focus away from victims and place greater responsibility on traffickers and those knowingly using their services.

Until now, only clients of forced prostitution could be prosecuted for knowingly using the services of a trafficked person. The reform would expand criminal liability to other sectors where exploitation is common, including construction and the beauty industry.

This means that clients of a nail saloon, for example, could be prosecuted when the person doing their nails has been trafficked.

The reform comes as few human trafficking cases make it to court.

In a 2021 evaluation of criminal laws aimed at combating human trafficking, experts from the Lower Saxony Institute for Criminological Research concluded that the way the Prostitute Protection Act is applied in some of Germany's 16 states could be hindering successful efforts to combat human trafficking.

“We will close loopholes in the law - and in doing so, we will focus in particular on the demand side,” Justice Minister Stefanie Hubig said on Wednesday.

Anyone who exploits “modern slavery” by knowingly using such services must not go unpunished, she said.

Sentences for human trafficking are also to be increased under the bill.

Currently, human trafficking is punishable with a prison sentence of six months to five years. Particularly serious cases - involving violence, kidnapping, or organized criminal activity, or minors - can be punished with a prison terms of up to 10 years. 

Under the draft law, sentences for all human trafficking offences would be raised to up to 10 years.

The reform would also make it easier for prosecutors to refrain from prosecuting crimes committed by a victim of human trafficking due to their vulnerable situation, except for very serious offences.

If charges have already been filed, the court would be able to dismiss the case at any stage of the proceedings with the consent of the prosecution and the defendant.