The defendant was charged by the prosecution with recruiting and transporting 5 women to Pristina, Kosovo, with help from another person, for purposes of sexual exploitation, contrary to the victims’ will. According to the prosecution, the defendant together with the other person paid all the expenses related to the passports issuance and transportation to Pristina, Kosovo.
1st Instance:
court – Judecatoria Centru; date – 30 September 2008; reasoning – the defendant did not commit human trafficking because the actions were not committed by the defendant; decision – found not guilty of committing a felony under Art. 165(2) (b) and (d) of the Penal Code.
2nd Instance:
court – Curtea de Apel Chisinau; date – 21 January 2009; reasoning – the appeal is ungrounded; decision – upheld the decision of the first instance.
3rd instance:
Curtea Suprema de Justitie denied the appeal.
Whether the defendant committed human trafficking;
Penal Code, Art. 165(2) (b) and (d);
The defendant did not commit human trafficking because the criminal actions were not committed by her.
Moldovan Penal Code, Art. 165(2) (b) and (d)
2nd instance:
Curtea de Apel Chisinau – appellate court (reviews the facts and merits of the case), the court of appeal found the appeal filed by the prosecution as unfounded, stating that the evidence shows that the defendant is not guilty.
3rd instance:
Curtea Suprema de Justitie – court of last resort (examines procedural and legal errors), the Supreme Court denied the appeal filed by the prosecution stating that the lower courts assessed all the evidence and correctly concluded that the defendant is not guilty.
Supreme Court of Justice
