And any details such as modus operandi of the trafficker/criminal network, whether there was any relationship between defendants and victims, characteristics of defendants and victims, the criminal justice response, form of investigations incl. financial investigations, freezing or seizing of assets, how the trafficking was discovered, date of indictment/arrest, ability of victims to participate in court proceedings, whether or not victims spoke the language of the destination country etc.]
In the course of the month of May 2009, the first and the third accused raped, in co-perpetration – the injured party by the first accused making contact with her at the bus station, bought her food and drink and then took ner nearby and raped her, using force and threat. He then called the third accused and took the injured party to the apartment of the accused where they forced her to drink alchohol and then tied her and alternately raped her several hours. The injured party was menstruating at the time and suffered severe pain.
Also in the course of the month of May 2009, the first, second and fourth accused acting as an organised group, in their sane mind and aware it was prohibited, by abusing the relationship of trust, dependency and difficult circumstances of the injured party, withholding her personal documents, taking money, transferring, hiding and keeping the injured party locked with a view to forced prostitution and subsequent sale, in the manner that after the rape the first accused had committed, he personally called several persons telling them he had a prostitute for them and then forced the injured party to drink alchohol, forcibly took her to the bus station where he pimped her to several strangers and took the money for it. Then he came to Belgrade with her, to his friend’s, where they forced her to drink, drugged her and then locked her and brought strangers they took the money from and in return the injured party was forced to provide sexual services to them. Thereafter, they deprived her of her personal documents and threatening her with jail and putting a gun to her head, the first and the second accused took the injured party to the apartment of fourth accused and agreed on selling her for 500 EUR, planning that she later run away so they could sell her again. The fourth accused found clients in a third city and the first and the second accused drove her there, and introducing her as their sister, took the money they split and bought her a telephone in her name on the way, and then called her and asked that she run away, whereafter the injured party recounted what had happened to her and the buyer returned her to her mother, all was reported to the police and the injured party was sent to medical treatment.
SerbiaThe Court passed this decision on the basis of the statements of the accused, injured party, the witness , the findings and opinions of the expert witness and also by insight into written evidence.
The first accused defended himself stating he did not commit the criminal offence of rape, but that the sexual intercourse had been voluntary. The Court established that the first accused had committed the criminal offence of rape in extended duration, that he had used force and threat on the injured party, that he had bought her drink and food in order to gain her affection and used force when she tried to resist. The Court then established that the first and the third accused had raped the injured party in an apartment, tying her to the bed. Noting that rape consists of force and sexual intercourse, the Court established both had been used on the accused party, and according to the finding of the expert witness accepted by the Court – even a minor force could have crushed the resistance of the injured party. Even though the court experts stated the injured party did not have moral reservations, the Court found this to be irrelevant relative to the offence they had committed since it represents an act threatening sexual freedom. Bearing in mind the form of commission of the offence and the act that the accused undertook, physical pain suffered by the injured party in the course of the offence and the resulting psychological consequences, the Court assertained that the criminal offence had been committed in a particularly humiliating manner.
The Court also asserted that the first accused pimped the injured party at the bus station in order to collect money to buy bus tickets for himself and the injured party.
The Court fully accepted the deposition of the injured party, taking the stand she could not have decribed these events had they not actually happened.
The Court deemed as mitigating circumstances the fact that the first accused is a father of four, and that he had no previous record as aggravating the facts that the first accused is the mastermind and the leader of the group and the one who committed the majority of criminal offences. And that they chose the time of commissioning of the offence and the consequences on the injured party.
It was ascertained without a doubt that the accused committed these criminal acts with direct premeditation.
On the basis of Art.196 of the Criminal Code, the Court ruled that the accused bear the legal charges solidarity and each a lump sum.
The Court passed this decision on the basis of the statements of the injured party and the witnesses and the findings and opinions of the expert witness and also by insight into written evidence.
The second accused defended himself stating he did not commit the criminal offence of trafficking in human beings.
The Court established that the first, second and fourth accused had acted as an organised group, whereby the first accused was of poor financial standing, the second and the fourth accused being his relative and friend respectively and agreed to commit this offence – trading with the injured party - by resorting to force and threat, exploiting particularly difficult circumstances and the dependency relationship of the injured party, withholding her personal documents. The Court established that the accused had acted like an organised group – as three persons joined with a view to committing the criminal offence and therefore as a group that was not formed by chance.
The force they had used was such as to have resulted in crushing resistance of the injured party taking into consideration her physical and mental situation. They were aware they would sell the injured party for prostitution. The Court established that this offence violated the commonwealth protected by international and humanitarial law with the final objective of obtaining financial gain for themselves which pointed to the character of the accused.
The Court deemed as mitigating circumstances the fact that the second accused is a father of one child, and as aggravating the facts that the second accused defended himself stating he did not commit the criminal offence of trafficking in human beings.
It was ascertained without a doubt that the accused committed these criminal acts with direct premeditation.
On the basis of Art.196 of the Criminal Code, the Court ruled that the accused bear the legal charges solitarily and each a lump sum.
The Court passed this decision on the basis of the statements of the accused, injured party, the witness, the findings and opinions of the expert witness and also by insight into written evidence.
The third accused defended himself stating he did not commit the criminal offence of rape, but that the sexual intercourse had been voluntary. The Court established that the first and the third accused had raped the injured party in an apartment, tying her to the bed. Noting that rape consists of force and sexual intercourse, the Court established both had been used on the accused party, and according to the finding of hte expert witness accepted by the Court – even a minor force could have crushed the resistance of the injured party. Even though the court experts stated the injured party did not have moral reservations, the Court found this to be irrelevant relative to the offence they had committed since it is an act threatening sexual freedom. Bearing in mind the form of commission of the offence and the act that the accused undertook, physical pain suffered by the injured party in the course of the offence and the resulting psychological consequences, the Court assertained that the criminal offence had been committed in a particularly humiliating manner.
The Court fully accepted the deposition of the injured party, taking the stand she could not have decribed these events had they not actually happened.
The Court deemed as mitigating circumstances the fact that the third accused is a father of four, family man and as aggravating the facts that the third accused had been sentenced several times and that he had exhibited enormous criminal behaviour towards the injured party at his home and that they chose the time of committing the offence as well as the consequences suffered by the injured party.
It was ascertained without a doubt that the accused committed these criminal acts with direct premeditation.
On the basis of Art.196 of the Criminal Code, the Court ruled that the accused bear the legal charges solidarily and each a lump sum .
The Court passed this decision on the basis of the statements of the injured party and the witnesses and the findings and opinions of the expert witness and also by insight into written evidence.
The fourth accused defended himself stating he did not commit this criminal offence ogf trafficking in human beings.
The Court established that the first, second and fourth accused had acted as an organised group, whereby the first accused was of poor financial standing, the second and the fourth accused being his relative and friend respectively and agreed to commit this offence – trading with the injured party - by resorting to force and threat, exploiting particularly difficult circumstances and the dependency relationship of the injured party, withholding her personal documents. The Court established that the accused had acted like an organised group – as three persons joined with a view to committing the criminal offence and therefore as a group that was not formed by chance.
The force they had used was such as to have resulted in crushing resistance of the injured party taking into consideration her physical and mental situation. They were aware they would sell the injured party for prostitution. The Court established that this offence violated the commonwealth protected by international and humanitarial law with the final objective of obtaining financial gain for themselves which pointed to the character of the accused.
The Court deemed as mitigating circumstances the fact that the second accused is a father of fou, and as aggravating the facts that That the fourth accused had been sentenced several times and that he had exhibited enormous criminal behaviour towards the injured party at his home and that they chose the time of committing the offence as well as the consequences suffered by the injured party.
It was ascertained without a doubt that the accused committed these criminal acts with direct premeditation,
On the basis of Art.196 of the Criminal Code, the Court ruled that the accused bear the legal charges solidarily and each a lump sum.
Article 178(3) in relation article 61 (Extended duration) Criminal Code of Serbia
Criminal Code of Serbia, Official Gazette of RS, no. 85/05, 88/05 i 107/05
Silovanje
Član 178
(1) Ko prinudi drugog na obljubu ili sa njom izjednačen čin upotrebom sile ili pretnjom da će neposredno napasti na život ili telo tog ili njemu bliskog lica,
kazniće se zatvorom od tri do dvanaest godina.
(2) Ako je delo iz stava 1. ovog člana učinjeno pretnjom da će se za to ili njemu blisko lice otkriti nešto što bi škodilo njegovoj časti ili ugledu ili pretnjom drugim teškim zlom,
učinilac će se kazniti zatvorom od dve do deset godina.
(3) Ako je usled dela iz st. 1. i 2. ovog člana nastupila teška telesna povreda lica prema kojem je delo izvršeno ili ako je delo izvršeno od strane više lica ili na naročito svirep ili naročito ponižavajući način ili prema maloletniku ili je delo imalo za posledicu trudnoću,
učinilac će se kazniti zatvorom od pet do petnaest godina.
(4) Ako je usled dela iz st. 1. i 2. ovog člana nastupila smrt lica prema kojem je delo izvršeno ili je delo učinjeno prema detetu,
učinilac će se kazniti zatvorom najmanje deset godina.
Unofficial Translation ASTRA
Rape
Article 178
(1) Whoever forces another to sexual intercourse or an equal act by use of force or threat
of difficultct attack against the body of such or other person,
shall be punished with imprisonment from two to ten years.
(2) If the offence specified in paragraph 1 of this Article is committed under threat of
disclosure of information against such person or another that would discredit such person’s
reputation or honour, or by threat of other grave evil,
the offender shall be punished with imprisonment from one to eight years.
(3) If the offence specified in paragraphs 1 and 2 of this Article resulted in grievous
bodily harm of the person against whom the offence is committed, or if the offence is committed
by more than one person or in a particularly cruel or particularly humiliating manner or against a
juvenile or the act resulted in pregnancy,
the offender shall be punished with imprisonment from three to fifteen years.
(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the
person against whom it was committed or if committed against a child,
the offender shall be punished with imprisonment from five to eighteen years.
Article 388 (6) Criminal Code of Serbia, Official Gazette of RS, no. 85/05, 88/05 i 107/05
Trgovina ljudima
Član 388
(1) Ko silom ili pretnjom, dovođenjem u zabludu ili održavanjem u zabludi, zloupotrebom ovlašćenja, poverenja, odnosa zavisnosti, teških prilika drugog, zadržavanjem liènih isprava ili davanjem ili primanjem novca ili druge koristi, vrbuje, prevozi, prebacuje, predaje, prodaje, kupuje, posreduje u prodaji, sakriva ili drži drugo lice, a u cilju eksploatacije njegovog rada, prinudnog rada, vršenja krivičnih dela, prostitucije ili druge vrste seksualne eksploatacije, prosjačenja, upotrebe u pornografske svrhe, uspostavljanja ropskog ili njemu sličnog odnosa, radi oduzimanja organa ili dela tela ili radi korišæenja u oružanim sukobima,
kazniæe se zatvorom od dve do deset godina.
(2) Za delo iz stava 1. ovog èlana uèinjeno prema maloletnom licu učinilac će se kazniti kaznom propisanom za to delo i kad nije upotrebio silu, pretnju ili neki drugi od navedenih načina izvršenja.
(3) Ako je delo iz stava 1. ovog člana učinjeno prema maloletnom licu,
učinilac će se kazniti zatvorom najmanje tri godine.
(4) Ako je usled dela iz st. 1. i 3. ovog člana nastupila teška telesna povreda nekog lica,
učinilac će se kazniti zatvorom od tri do petnaest godina.
(5) Ako je usled dela iz st. 1. i 3. ovog člana nastupila smrt jednog ili više lica,
uèinilac će se kazniti zatvorom najmanje deset godina.
(6) Ko se bavi vršenjem krivičnog dela iz st. 1. do 3. ovog èlana ili je delo izvršeno od strane organizovane grupe,
kazniće se zatvorom najmanje pet godina.
Unofficial translation by ASTRA
http://www.astra.org.rs/eng/?page_id=744
Human trafficking
Article 388
(1) Whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity papers or by giving or accepting money or other benefit, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person with intent to exploit such person’s labor, forced labor, commission of offences, prostitution, mendacity, pornography, removal of organs or body parts or service in armed conflicts,
shall be punished by imprisonment of two to twelve years.
(2) When the offence specified in paragraph 1 hereof is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if there was no use of force, threat or any of the other mentioned methods of perpetration.
(3) If the offence specified in paragraph 1 hereof is committed against a minor,
the offender shall be punished by imprisonment of minimum three years.
(4) If the offence specified in paragraphs 1 and 3 hereof resulted in grave bodily injury of a person,
the offender shall be punished by imprisonment of three to fifteen years.
(5) If the offence specified in paragraphs 1 and 3 hereof resulted in death of one or more persons,
the offender shall be punished by imprisonment of minimum ten years.
(6) Whoever habitually engages in offences specified in paragraphs 1 and 3 hereof or if the offence is committed by an organized group,
shall be punished by imprisonment of minimum five years
Article 388 (6) Criminal Code of Serbia, Official Gazette of RS, no. 85/05, 88/05 i 107/05 -
Trgovina ljudima
Član 388
(1) Ko silom ili pretnjom, dovođenjem u zabludu ili održavanjem u zabludi, zloupotrebom ovlašćenja, poverenja, odnosa zavisnosti, teških prilika drugog, zadržavanjem liènih isprava ili davanjem ili primanjem novca ili druge koristi, vrbuje, prevozi, prebacuje, predaje, prodaje, kupuje, posreduje u prodaji, sakriva ili drži drugo lice, a u cilju eksploatacije njegovog rada, prinudnog rada, vršenja krivičnih dela, prostitucije ili druge vrste seksualne eksploatacije, prosjačenja, upotrebe u pornografske svrhe, uspostavljanja ropskog ili njemu sličnog odnosa, radi oduzimanja organa ili dela tela ili radi korišæenja u oružanim sukobima,
kazniæe se zatvorom od dve do deset godina.
(2) Za delo iz stava 1. ovog èlana uèinjeno prema maloletnom licu učinilac će se kazniti kaznom propisanom za to delo i kad nije upotrebio silu, pretnju ili neki drugi od navedenih načina izvršenja.
(3) Ako je delo iz stava 1. ovog člana učinjeno prema maloletnom licu,
učinilac će se kazniti zatvorom najmanje tri godine.
(4) Ako je usled dela iz st. 1. i 3. ovog člana nastupila teška telesna povreda nekog lica,
učinilac će se kazniti zatvorom od tri do petnaest godina.
(5) Ako je usled dela iz st. 1. i 3. ovog člana nastupila smrt jednog ili više lica,
uèinilac će se kazniti zatvorom najmanje deset godina.
(6) Ko se bavi vršenjem krivičnog dela iz st. 1. do 3. ovog èlana ili je delo izvršeno od strane organizovane grupe,
kazniće se zatvorom najmanje pet godina.
Unofficial translation by ASTRA
http://www.astra.org.rs/eng/?page_id=744
Human trafficking
Article 388
(1) Whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity papers or by giving or accepting money or other benefit, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person with intent to exploit such person’s labor, forced labor, commission of offences, prostitution, mendacity, pornography, removal of organs or body parts or service in armed conflicts,
shall be punished by imprisonment of two to twelve years.
(2) When the offence specified in paragraph 1 hereof is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if there was no use of force, threat or any of the other mentioned methods of perpetration.
(3) If the offence specified in paragraph 1 hereof is committed against a minor,
the offender shall be punished by imprisonment of minimum three years.
(4) If the offence specified in paragraphs 1 and 3 hereof resulted in grave bodily injury of a person,
the offender shall be punished by imprisonment of three to fifteen years.
(5) If the offence specified in paragraphs 1 and 3 hereof resulted in death of one or more persons,
the offender shall be punished by imprisonment of minimum ten years.
(6) Whoever habitually engages in offences specified in paragraphs 1 and 3 hereof or if the offence is committed by an organized group,
shall be punished by imprisonment of minimum five years
Article 178(3) in relation to article 61 Criminal Code of Serbia
Criminal Code of Serbia, Official Gazette of RS, no. 85/05, 88/05 i 107/05
Silovanje
Član 178
(1) Ko prinudi drugog na obljubu ili sa njom izjednačen čin upotrebom sile ili pretnjom da će neposredno napasti na život ili telo tog ili njemu bliskog lica,
kazniće se zatvorom od tri do dvanaest godina.
(2) Ako je delo iz stava 1. ovog člana učinjeno pretnjom da će se za to ili njemu blisko lice otkriti nešto što bi škodilo njegovoj časti ili ugledu ili pretnjom drugim teškim zlom,
učinilac će se kazniti zatvorom od dve do deset godina.
(3) Ako je usled dela iz st. 1. i 2. ovog člana nastupila teška telesna povreda lica prema kojem je delo izvršeno ili ako je delo izvršeno od strane više lica ili na naročito svirep ili naročito ponižavajući način ili prema maloletniku ili je delo imalo za posledicu trudnoću,
učinilac će se kazniti zatvorom od pet do petnaest godina.
(4) Ako je usled dela iz st. 1. i 2. ovog člana nastupila smrt lica prema kojem je delo izvršeno ili je delo učinjeno prema detetu,
učinilac će se kazniti zatvorom najmanje deset godina. Unofficial translation by ASTRA
Unofficial Translation ASTRA
Rape
Article 178
(1) Whoever forces another to sexual intercourse or an equal act by use of force or threat
of difficultct attack against the body of such or other person,
shall be punished with imprisonment from two to ten years.
(2) If the offence specified in paragraph 1 of this Article is committed under threat of
disclosure of information against such person or another that would discredit such person’s
reputation or honour, or by threat of other grave evil,
the offender shall be punished with imprisonment from one to eight years.
(3) If the offence specified in paragraphs 1 and 2 of this Article resulted in grievous
bodily harm of the person against whom the offence is committed, or if the offence is committed
by more than one person or in a particularly cruel or particularly humiliating manner or against a
juvenile or the act resulted in pregnancy,
the offender shall be punished with imprisonment from three to fifteen years.
(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the
person against whom it was committed or if committed against a child,
the offender shall be punished with imprisonment from five to eighteen years.
Article 388 (6) Criminal Code of Serbia, Official Gazette of RS, no. 85/05, 88/05 i 107/05
Trgovina ljudima
Član 388
(1) Ko silom ili pretnjom, dovođenjem u zabludu ili održavanjem u zabludi, zloupotrebom ovlašćenja, poverenja, odnosa zavisnosti, teških prilika drugog, zadržavanjem liènih isprava ili davanjem ili primanjem novca ili druge koristi, vrbuje, prevozi, prebacuje, predaje, prodaje, kupuje, posreduje u prodaji, sakriva ili drži drugo lice, a u cilju eksploatacije njegovog rada, prinudnog rada, vršenja krivičnih dela, prostitucije ili druge vrste seksualne eksploatacije, prosjačenja, upotrebe u pornografske svrhe, uspostavljanja ropskog ili njemu sličnog odnosa, radi oduzimanja organa ili dela tela ili radi korišæenja u oružanim sukobima,
kazniæe se zatvorom od dve do deset godina.
(2) Za delo iz stava 1. ovog èlana uèinjeno prema maloletnom licu učinilac će se kazniti kaznom propisanom za to delo i kad nije upotrebio silu, pretnju ili neki drugi od navedenih načina izvršenja.
(3) Ako je delo iz stava 1. ovog člana učinjeno prema maloletnom licu,
učinilac će se kazniti zatvorom najmanje tri godine.
(4) Ako je usled dela iz st. 1. i 3. ovog člana nastupila teška telesna povreda nekog lica,
učinilac će se kazniti zatvorom od tri do petnaest godina.
(5) Ako je usled dela iz st. 1. i 3. ovog člana nastupila smrt jednog ili više lica,
uèinilac će se kazniti zatvorom najmanje deset godina.
(6) Ko se bavi vršenjem krivičnog dela iz st. 1. do 3. ovog èlana ili je delo izvršeno od strane organizovane grupe,
kazniće se zatvorom najmanje pet godina.
Unofficial translation by ASTRA
http://www.astra.org.rs/eng/?page_id=744
Human trafficking
Article 388
(1) Whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity papers or by giving or accepting money or other benefit, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person with intent to exploit such person’s labor, forced labor, commission of offences, prostitution, mendacity, pornography, removal of organs or body parts or service in armed conflicts,
shall be punished by imprisonment of two to twelve years.
(2) When the offence specified in paragraph 1 hereof is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if there was no use of force, threat or any of the other mentioned methods of perpetration.
(3) If the offence specified in paragraph 1 hereof is committed against a minor,
the offender shall be punished by imprisonment of minimum three years.
(4) If the offence specified in paragraphs 1 and 3 hereof resulted in grave bodily injury of a person,
the offender shall be punished by imprisonment of three to fifteen years.
(5) If the offence specified in paragraphs 1 and 3 hereof resulted in death of one or more persons,
the offender shall be punished by imprisonment of minimum ten years.
(6) Whoever habitually engages in offences specified in paragraphs 1 and 3 hereof or if the offence is committed by an organized group,
shall be punished by imprisonment of minimum five years
Viši sud u Smederevu (Higher Court in Smederevo)
Sentence K 24/10
This is the case of qualified forms of criminal offences – criminal offence of rape committed by several persons in a particularly humiliating way, while the criminal offence of trafficking in human beings was committed by an organised group. According to the opinion of the Court, the accused had acted to the highest degree of crime in committing offences that the law considers a threat to the society, i.e. which violated commonwealths protected by international humanitarian law. With respect to mitigating circumstances, except for the first accused who had not been convicted in the past, the only circumstances established by the Court is that the accused have minor children. The second, third and fourth accused had been convicted in the past and were, according to the Court, prone to criminal behaviour and the first accused was identified as the organiser of the group. Despite these facts, the Court decided that the objective of the punishment would be achieved through reduced sentences stipulated by the law for concrete criminal offences (the first and the third accused were sentenced to a minimum, 3 years of imprisonment for the criminal offence of rape in accordance with para.3, Art.178, and the first, second and fourth accused also a minimum, legally prescribed sentence of 5 years imprisonment for the criminal offence of trafficking in human beings as provided for in para.6, Art. 388).