The government maintained law enforcement efforts. Luxembourg criminalized all forms of sex and labor trafficking through articles 382-1 and 382-2 of the criminal code, although article 382-1 is broader than the international definition and could be used to prosecute non-trafficking cases, as force, fraud, and coercion are aggravating factors that increase penalties rather than a means to commit the offense. The prescribed penalties range from three to 10 years imprisonment for adult trafficking and 10 to 20 years imprisonment for child trafficking. These penalties are sufficiently stringent and, with respect to sex trafficking, commensurate with penalties prescribed for other serious crimes, such as rape. In February 2018, the government passed bill 7008, which criminalized the solicitation of prostitution from a person known to the solicitor to be a trafficking victim, and criminalized the theft, modification, damage, or destruction of another person’s travel documents.
In 2017, the government initiated seven investigations (five of forced labor and two of sex trafficking), compared with 10 investigations in 2016 (two of forced labor and eight of sex trafficking). The government initiated one new prosecution (five in 2016) and convicted eight for sex trafficking in 2017 (11 in 2016); there were no forced labor convictions. Courts issued weak sentences for trafficking convictions, undercutting efforts to hold traffickers accountable. Half of the convicted traffickers (four of eight) received fully suspended prison sentences and were ordered to pay fines ranging from €1,500 to €12,000 ($1,800 to $14,410). Four traffickers received partially suspended sentences and were ordered to serve between 12 and 18 months in prison and pay fines ranging from €2,000 to €20,000 ($2,400 to $24,010). The average effective prison term was 15 months (19.75 months in 2016). The police organized crime unit, responsible for trafficking, doubled its staff of investigators to 11 and created a new victim protection unit staffed by two personnel to establish clear separation between victim assistance and investigations. The government did not report any investigations, prosecutions, or convictions of government officials complicit in trafficking offenses.