Trata de personas

Delitos

• Trata de personas (adultos)

Actos realizados

• Captación/contratación
• Acogida

Medios utilizados

• Amenaza del uso de la fuerzo u otras formas de coercion
• Abuso de poder o de una situación de vulnerabilidad
• Engaño

Fines de explotación

• Trabajos o servicios forzosos

Palabras clave

• Explotación
• Trabajos o servicios forzosos

Supreme Court Decision no. 2/2019 (Nea Manolada)

Resumen de los hechos

 
This is the decision on an appeal by way of cassation in the interest of the law lodged by the Prosecutor of the Supreme Court of Greece (Areios Pagos), concerning the part of the acquittal from the charges of trafficking n persons of the decision 75-81, 85-87, 111-128/2014 of the Patras Assize Court.  The Supreme Court upheld the appeal, which however does not affect the res judicata.
 
For its part, in its judgment of 30 July 2014, the Assize Court acquitted the four defendants on the charge of human trafficking. The workers’ lawyers then applied to the public prosecutor at the Court of Cassation requesting that he appeal on points of law against the judgment of the Assize Court. In their application they contended that the Assize Court had not adequately examined the charge of trafficking in human beings. They considered that, in order to determine whether that court had correctly applied Article 323A of the Criminal Code, it was necessary to examine whether advantage had been taken of any vulnerability of the foreign nationals in order to exploit them.
 
On 27 October 2014 the prosecutor refused to lodge an appeal. He gave reasons for his decision, indicating only that the statutory conditions for an appeal on points of law were not met. As a result of this decision, the part of the 30 July 2014 judgment concerning human trafficking became “irrevocable”.

Comentario y aspectos destacados

1. The Supreme court examined the position of vulnerability and the abuse thereof (the annulled decision did not elaborate on vulnerability of victims, as they were in irregular situation and lacked autonomy and protection).
2. The Supreme Court noted that there is no need to have full deprivation of autonomy and liberty for qualifying a situation as trafficking in persons.
3. The Supreme Court noted that there is no need for the accused to be an employer of the victims to qualify as a trafficker.
4. The Supreme Court further examined the element of consent.  
Fecha de la Sentencia:
2019-06-18

Cuestiones transversales

Responsabilidad

Base de responsabilidad

• Intención dolosa

Responsabilidad implica

• Delincuentes principales
• Participante, Facilitador, Cómplice

Delincuente/Delito

Países interesados

Grecia

Bangladesh

Información sobre el procedimiento

Sistema jurídico:
Derecho continental
Última sentencia judicial:
Tribunal Supremo
Tipo de Proceso:
Penal
 
 
Proceder #1:
  • Fase:
    first trial
  • Código de referencia oficial de la causa:
    75-81, 85-87, 111-128/2014
  • Fecha de la Decisión:
    30 July 2014

    Tribunal

    Título de la Tribunal

    Patras Assize Court
     
    • Penal

    Resultado

  • Veredicto:
    No culpable
  • Proceder #2:
  • Fase:
    appeal
  • Fecha de la Decisión:
    27 October 2014

    Tribunal

    Título de la Tribunal

    Court of Cassation
     
    • Penal

    Descripción

    On 21 October 2014 the workers’ lawyers lodged an application with the public prosecutor at the Court of Cassation asking him to appeal against the Assize Court judgment. In their application they submitted that the Assize Court had not adequately examined the charge of human trafficking. They took the view that, in order to determine whether that court had properly applied Article 323A of the Criminal Code, it was necessary to examine whether the accused had taken advantage of any vulnerability of the foreign nationals in order to exploit them.

    On 27 October 2014 the prosecutor refused to lodge an appeal. He gave reasons for his decision, indicating only that the statutory conditions for an appeal on points of law were not met. As a result of this decision, the part of the 30 July 2014 judgment concerning human trafficking became “irrevocable”.

     

    Resultado

  • Veredicto:
    Otro
  • Proceder #3:
  • Fase:
    Otro
  • Código de referencia oficial de la causa:
    no. 2/2019
  • Fecha de la Decisión:
    18 June 2019

    Tribunal

    Título de la Tribunal

    Supreme Court of Greece (Areios Pagos)
     

    Localidad

  • Ciudad/Pueblo:
    Athens
  • • Penal

    Descripción

    Appeal of cassation by way of interest of the law sustained.
     

    Resultado

  • Veredicto:
    Otro
  • Víctima / Demandantes de primera instancia

    Víctima:
    Sexo:
    Hombre
    Nacionalidad:
    de Bangladesh
    42 victims

    Acusado / Demandado de primera instancia

    Acusado:
    Sexo:
    Hombre
    Nacionalidad:
    griego
    Articles 323, 323A of Greek Criminal Code:
    Article 323
    “1. Anyone who practises servitude shall be punished by imprisonment. 2. Servitude includes any act of arrest, appropriation and disposal of an individual which seeks to make him a slave, any act of acquisition of a slave for the purpose of resale or exchange, the act of assignment by sale or exchange of an already acquired slave and, generally speaking, any act of trafficking or transporting of slaves. ...”
    Article 323A
    “1. Anyone who, through the use of force or the threat thereof, or any other means of coercion or abuse of authority or power or abduction, recruits, transports, brings into the country, detains, protects, delivers – with or without consideration – or obtains from a third party, any person, with the aim of taking cells, tissue or organs from that person, or of exploiting that person’s work or begging, whether this is done for personal gain or on behalf of another, shall be punished by imprisonment of up to ten years and a fine of between EUR 10,000 and EUR 50,000. 2. The above-mentioned punishment shall also be imposed on offenders who, pursuing the same purpose, obtain the consent of any person or attract the latter under false pretences, taking advantage of the person’s vulnerability, by means of promises, gifts, sums of money or other benefits. 3. Anyone who, with full knowledge of the facts, accepts the work provided by persons who have been subjected to the conditions described in paragraphs 1 and 2 above, shall be punished by imprisonment for a minimum term of six months. 4. Anyone who has committed the offence provided for in the preceding paragraphs shall be punished by imprisonment for at least ten years and a fine of between EUR 50,000 and EUR 100,000 if the offence: ... (b) is committed repeatedly; ... (d) has as a consequence particularly serious harm to the health of the victim or has exposed the victim’s life to grave danger.”

    Tribunal

    Supreme Court of Greece (Areios Pagos)

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