Stručni rad
https://doi.org/10.54070/hljk.29.2.12
COMBATING TRAFFICKING IN HUMAN BEINGS: SOME CRIMINAL LAW SUBSTANTIVE AND PROCEDURAL ASPECTS
Tomislav Brđanović
orcid.org/0000-0001-7350-3408
; Županijski sud u Varaždinu, Varaždin, Hrvatska
Goran Supančić
; Županijski sud u Varaždinu, Varaždin, Hrvatska
Sažetak
The paper, in its substantive law part, considers the relationship between the crime of trafficking in human beings with other, similar and connected crimes, both from the theoretical and practical aspect, in view of domestic case law and the case law of the European Court of Human Rights. Data are given on the number of court proceedings for this criminal act before Croatian courts and also the outcomes of proceedings, with an emphasis on questions of sentencing, with a view on mitigating and extenuating circumstances. There are not many criminal proceedings related to this crime before Croatian courts, but the special weight of this crime stems from international legal obligations to monitor the occurrence and prosecution of this crime. In this respect, the paper in its substantive part shows some case law regarding the relations of the crime of trafficking in human beings with other, similar and connected crimes,
especially the crime of prostitution under Art. 157(2) CC/11 and child pandering under Art. 162(3) CC/11. The reasons for this lie in the similarities between the legal descriptions of the said crimes, from whence questions of proper legal subsuming could arise and could give rise to possible repercussions for the Republic of Croatia (judgment of the European Court of Human Rights in the case of S.M. v. Croatia, international monitoring bodies). The objective
of the paper, in its procedural part, is to address the question of the effectiveness of the investigation of this crime in view of the Conventional and the law of the European Union and also the domestic legal framework. A brief overview of decisions of the European Court of Human Rights in cases of trafficking in human beings is given, with special emphasis on the conclusions of this Court in view of the procedural aspect of Art. 4 of the Convention for the
Protection of Human Rights and Fundamental Freedoms. Special emphasis is given to some aspects of realising the rights of the victim: knowledge of the rights of the victim, efficient, transparent and understandable communication with the victim, establishing the victim´s trust in the effectiveness of the judicial system, indicators of the victim´s status, and the effectiveness of investigation.
Ključne riječi
Hrčak ID:
288489
URI
Datum izdavanja:
29.11.2022.
Posjeta: 1.041 *