Case Law Database

Trafficking in persons

4 T 246/99

Fact Summary

J. Ž. during the year 1996 under the threats of violence forced two underage girls to prostitution in Dubí, Teplice, and to give him the earned money. J. Ž. then provided V. C. with a forged passport and took her to Germany. There he sold her to a German citizen for 3,000 DEM to practice prostitution. After several months, the girl has managed to escape from Germany.

Commentary and Significant Features

The District Court in Teplice imposed the mild punishment because the crime has occurred more than 12 years ago and also because the defendant has never been prosecuted before.

Sentence Date:
2009-01-16
Author:
White & Case LLP

This work was developed through a partnership with UNODC, Lawyers Without Borders and White & Case LLP

Keywords

Acts:
Recruitment
Transportation
Transfer
Means:
Threat or use of force or other forms of coercion
Fraud
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Form of Trafficking:
Transnational
Sector in which exploitation takes place:
Commercial sexual exploitation

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Czechia

Germany

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

Victims / Plaintiffs in the first instance

Victim:
V.C.
Gender:
Child
Victim:
D.V.
Gender:
Child

Defendants / Respondents in the first instance

Defendant:
J. Ž.
Gender:
Male
Nationality:
Slovak
Legal Reasoning:

J. Ž. under the threat of violence forced another person to practice prostitution; endangered the development of a child by enticing them to an indolent or immoral life; and transported a woman abroad so she could be used by another person for sexual intercourse and thus committed the above enumerated crimes.

Charges / Claims / Decisions

Defendant:
J. Ž.
Legislation / Statute / Code:

Czech Criminal Code (Act No. 140/1961 Coll.), Section 204, Paragraphs 1, 2, 3 c)

Charge details:
Crime of Procuring Prostitution
Verdict:
Guilty
Legislation / Statute / Code:

Czech Criminal Code (Act No. 140/1961 Coll.), Section 217, Paragraph 1 b)

Charge details:
Crime of Endangering Child’s Care
Verdict:
Guilty
Legislation / Statute / Code:

Czech Criminal Code (Act No. 140/1961 Coll.), Section 232a, Paragraphs 1 a)

Charge details:
Crime of Human Trafficking
Verdict:
Guilty
Term of Imprisonment:
2 years
suspended with 3 years probation
Compensation / Payment to Victim:
No 
Fine / Payment to State:
No 

Court

District Court in Teplice

Sources / Citations

4 T 246/99-144