Publication details
Unchained, Yet Prosecuted - Victims of Human Trafficking as Subjects of Criminal Liablity
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| Year of publication | 2023 |
| MU Faculty or unit | |
| Citation | |
| Description | Trafficking in Human Beings is one of the current issues that modern society and its justice systems struggles with. Like many other criminal activities it is connected with human misfortune on one side and lack of humanity and desire for profit on the other one. These undeniable truths held true 70 years ago, when Council of Europe adopted European Convention on Human Rights and it is still valid today. In this presentation the foundations of international actions against trafficking in human beings (with special focus on Central European countries) are presented, as well as current legislative framework in European Union. The question of possible criminal liability of victims of human trafficking for criminal offences committed in connection with the fact that they are subjected to human trafficking is being discussed. Special attention is given to positive obligations of states, namely adoption so-called non-punishment provisions and possible consequences of not fulfilling this duty of states. In our presentation we conclude that not all criminal offences of victims of human trafficking can fall within the scope of non-punishment provision, such as criminal offences against life or human dignity. Finally, the current situation of Central European countries is evaluated according to their legislation, GRETA reports and European Parliament. |
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