Review article

HUMAN SMUGGLING AND TRAFFICKING IN CROATIAN CRIMINAL LEGISLATION AND JURISPRUDENCE (analysis of the situation de lege lata with proposals de lege ferenda)

Vanda Božić ; Pravni fakultet Sveučilišta u Zagrebu

Abstract

The author of the paper provides an overview and analysis of Croatian criminal legislation with regard to criminal activities of human smuggling and trafficking. She points out to the similarities and differences between the criminal acts of illegal transfer of persons across the state border or illegal entering, movement and residence in the Republic of Croatia, other EU Member States or signatories of the Schengen Agreement and human trafficking, comparing and analyzing the legal norms of the old and the new Criminal Code of the Republic of Croatia, international instruments and jurisprudence. Emphasized is the importance of early recognition of the criminal act, especially for the victims. Attention is drawn to the disparity of case law on matters of personal gain as an essential element of this criminal activity, but also to the absence of clearly defining the act of attempting illegal entering, movement and residence in the Republic of Croatia, other EU Member States or signatories of the Schengen Agreement.
This paper investigates and analyzes the current situation regarding illegal crossing of state borders of the Republic of Croatia on the basis of available statistical data. Conducted was the analysis of the situation de lege lata in case law in relation to persons registered, accused and convicted of human smuggling and, also, especially for human trafficking. In conclusion, given are the proposals and measures de lege ferenda that need to be implemented in order to combat human smuggling and trafficking, and to successfully fight this type of organized crime.

Keywords

Human Smuggling; Migrant Smuggling; Trafficking in persons; Illegal Entry; Movement and Residence; Illegal Transfer of People over State Borders; United Nations Convention against Transnational Organized Crime; Protocol against the Smuggling of Migrants by Land; Sea and Air; Protocol to prevent; suppress and punish trafficking in persons

Hrčak ID:

154315

URI

https://hrcak.srce.hr/154315

Publication date:

30.12.2015.

Article data in other languages: croatian

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