Case Law Database

Trafficking in persons

Acts Involved

• Transfer

Exploitative Purposes

• Exploitation of the prostitution of others or other forms of sexual exploitation

Keywords

• Transnational trafficking
• Organised criminal group

ACR 200950010017494ES

Fact Summary

The defendant was accused of participating in an organized criminal group aimed at human trafficking for sexual exploitation. According to the evidence, the defendant acted as the secretary of the leader of the criminal organization named HELENA, promoting contacts with the Brazilian branch of the organization and sending money to Brazil to pay for the plane tickets of the victims. Also, the defendant promoted the encounter of Italian clients with the Brazilian victims in Italy as the defendant could speak both languages.

Sentence Date:
2010-12-07

Keywords

Acts:
Transfer
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Form of Trafficking:
Transnational

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Brazil

Italy

Investigation Procedure

Comments

Phone tapping
 

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 

1st Instance: 

Court: 2da. Vara Federal de Vitória

Location: Vitória, Espírito Santo

Reference: 200850010049016ES

2nd Instance:

Court: Tribunal Regional Federal da 2ª Região

Location: Rio de Janeiro                       

Date of decision: 07 January 2010

Reference: ACR 200850010049016ES

 
 

Victims / Plaintiffs in the first instance

Victim:
Several Anonymous

Defendants / Respondents in the first instance

Number of other accused:
1
Defendant:
DANIELLE LEPORIC
Legal Reasoning:
1st instance
The defendant was convicted of participating in an organized criminal group but acquitted of human trafficking.
2nd instance
The Appellate Court stated that the evidence confirms the perpetration of the offence and that the sentence imposed was accurate taking into consideration all facts and circumstances of the crime

Charges / Claims / Decisions

Defendant:
DANIELLE LEPORIC
Legislation / Statute / Code:
Art. 288 of the Brazilian Penal Code

Art. 288 – The association of three or more people for the specific purpose of committing crimes:

Penalty: imprisonment of one to three years.

Single Paragraph - The penalty is increased by one half if the group is armed or if it involves the participation of children or adolescents.

[unofficial translation]
Charge details:
Participation in an Organized Criminal Group
Verdict:
Guilty
Legislation / Statute / Code:
Article 231 of the Brazilian Penal Code

Art. 231. Promote or facilitate the entry in the national territory of someone who will exert the prostitution or other form of sexual exploitation, or the output of someone who will exercise it abroad.

Penalty: imprisonment of 3 (three) to 8 (eight) years.

§ 1 The same penalty is applied to who negotiates, lures, sells or buys the trafficked person, as well as having knowledge of this condition, transports, transfers or hosts the person.

§ 2 The penalty is increased by one half if:

I - the victim is under eighteen (18) years of age;

II - the victim, due to mental illness or disorder, lacks the necessary understanding to the perform the act;

III - if the agent is ascendant, stepfather, stepmother, brother, stepchild, spouse, guardian or trustee, teacher or employer of the victim, or assumed, by law or otherwise, the obligation to care, protection or of surveillance, or:

IV - use of violence, serious threat or fraud.

§ 3 If the crime is committed in order to obtain economic advantage a fine is also applied.

[unofficial translation]
Charge details:
International Trafficking of People for Sexual Exploitation
Verdict:
Acquittal
Term of Imprisonment:
1 year
Compensation / Payment to Victim:
No 
Fine / Payment to State:
No 
Appellate Decision:
Upheld

Court

Federal Justice (Justiça Federal - Tribunal Regional Federal da 2ª Região)