The Criminal Code
The Criminal Code, which is often also called the Penal Code, prohibits pandering, trafficking in human beings and the purchase of sexual services from victims of trafficking or pandering. Purchasing sexual services from a person younger than 18 years of age is also prohibited.
Pimping or pandering
International agreements are unambiguous in prohibiting the pimping of minors, but the interpretation of pimping of adults varies from country to country. In Finland, pimping adults is explicitly prohibited. The legislation on pimping in Finland refers to pandering and includes penal provisions on both pandering and aggravated pandering. These provisions also prohibit marketing prostitution.
Pandering is defined as seeking financial benefit from the prostitution of another person. These provisions do not apply to persons selling their own services, nor to clients buying sexual services for themselves from an adult. The provisions apply to a third party benefiting or exploiting the prostitution of another person.
In practice, pimping may entail, for example, that person A rents an apartment to person B for the purposes of prostitution, and is aware of the prostitution. The following are also considered to constitute pimping: renting a room to a person selling sexual services, at a higher than normal rate; supplying clients for a charge; or charging a prostitute so-called protection money. Pimping also entails publishing online advertisements for the sexual services of another person and charging for it. Furthermore, tempting or otherwise coercing another person to engage in prostitution by promising financial or other benefits is considered pimping. Integral to a pimping relationship is that someone is being exploited.
Human trafficking
In human trafficking, the offender is seeking to financially benefit from another person by making that person a victim of sexual abuse or labour exploitation, or other circumstances offending human dignity. Human trafficking is also referred to as trafficking in human beings, or THB for short. Trading in bodily organs or tissues is also considered human trafficking.
Before 2004, there were no provisions in the Finnish Criminal Code that applied to human trafficking. If instances of human trafficking had surfaced, it would have been possible to apply, for example, provisions on deprivation of personal liberty, taking of a hostage or other deprivation of liberty, and pandering. Along with international commitments, Finnish legislation was changed in 2004 to better encompass human trafficking. This commitment stems from three international treaties that Finland is party to. The three treaties are: the UN Palermo Trafficking Protocol (2000), the UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2002), and the EU Council Framework Decision on combating trafficking in human beings (2002).
In Finland, legislation on human trafficking was implemented by a special penal provision on trafficking in human beings, which as an entity meets all international commitments relating to human trafficking. The provision on human trafficking was included in Chapter 25 of the Criminal Code, which covers all crimes against liberty.
More information on Pro Centre's work against human trafficking here.
