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参与有组织集团

贩运人口

Domotor et al

事实梗概

All the accused were immigrants from Hungary and related to one another by birth or marriage.

All of the alleged victims were Hungarian nationals (of Roma background) recruited in Hungary.  None of the victims spoke any English.

The victims had all been relieved of all their travel documents by their Canadian hosts and were taken to various banks to open bank accounts and to obtain access and debit cards.  These items were confiscated from them. They were then prompted to file refugee status claims on the basis of fraudulent accounts of having been persecuted in Hungary because of their ethnicity.  They were then taken to local social services agencies to apply for monetary assistance. Money received from this source was retained by the accused. They were employed as labourers in construction businesses operated by some of the accused and not compensated or minimally compensated for their labour. Although the victims were housed and fed, it appears that they were subjected to intimidation and that their ability to move within the community was controlled. They were threatened with physical violence and death, as were their relatives in Hungary. Several of the recruits were told to participate in the theft of mail from Canada Post mailboxes. The objective was to obtain cheques from the mail, negotiate them by depositing them to bank accounts, and later withdrawing the cash.  It is estimated they obtained CAD1,000,000 using this method.

The accused profited from this human trafficking enterprise through the unpaid labour of the recruits, by retaining social assistance payments intended for others, and very substantially through the theft of cheques from the mail.

作者:
UNODC

关键词

《人口贩运议定书》:
《人口贩运议定书》第五条
法令:
招募
运输
转移
包庇
接收
途径:
欺骗
滥用职权或脆弱境况
剥削目的:
强迫劳动或服务
贩运形式:
跨国
有组织犯罪集团
剥削发生的部门:
建筑
国际合作:
相关法律援助

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

加拿大

匈牙利

性别平等方面的考虑因素

详情

• 性别考虑
• 女性主犯

程序步骤

法律制度:
习惯法
最新的法院:
初审法院
诉讼类型:
刑事的
1st Instance

Superior Court of Justice, Ontario, 26 January 2011, application for bail dismissed.

 
 

受害人/初审原告

受害人:
Same status for 19 victims
性别:
国籍:

被告/ 初审被申请人

被告:
Ferenc Domotor
性别:
国籍:
法律推理:

1st Instance

Superior Court of Justice, Ontario, 26 January 2011, application for bail dismissed.

The present case involves four bail reviews concerning the four accused charged in the same information, along with six others who were charged with various offences under the Criminal Code (Canada). The four persons in question faced charges of trafficking in persons (s.279.01), withholding travel, identity or immigration status documents (s.279.03), receiving a material benefit primarily in the form of unpaid labour (s.279.02), and defrauding the City of Hamilton concerning payments under the Ontario Works Act (s. 380(1)(b)).  The application for bail was dismissed and the four accused remained in detention pending their trial.

被告:
Gyongi Kolompar
性别:
国籍:
法律推理:

As above (see defendant 1)

被告:
Ferenc Karadi
性别:
国籍:
法律推理:

As above (see defendant 1)

被告:
Gyula Domotor
性别:
国籍:
法律推理:

As above (see defendant 1)

指控/索赔/裁决

被告:
Ferenc Domotor
立法/法规/法典:
s 279.01 Criminal Code (Canada)
指控详情:
Human Trafficking
立法/法规/法典:
Section 279.03 Criminal Code (Canada)
指控详情:
Withholding travel documents
立法/法规/法典:
Section 279.02 Criminal Code (Canada)
指控详情:
Benefit from unpaid labour
立法/法规/法典:
Section 380(1)(b) Ontario Works Act (Ont)
指控详情:
Defrauding City of Hamilton
被告:
Gyongi Kolompar
立法/法规/法典:
Section 279.01 Criminal Code (Canada)
指控详情:
Human Trafficking
立法/法规/法典:
Section 279.03 Criminal Code (Canada)
指控详情:
Withholding travel documents
立法/法规/法典:
Section 279.02 Criminal Code (Canada)
指控详情:
Benefit from unpaid labour
立法/法规/法典:
Section 380(1)(b) Ontario Works Act (Ont)
指控详情:
Defrauding City of Hamilton
被告:
Ferenc Karadi
立法/法规/法典:
Section 279.01 Criminal Code (Canada)
指控详情:
Human Trafficking
立法/法规/法典:
Section 279.03 Criminal Code (Canada)
指控详情:
Withholding travel documents
立法/法规/法典:
Section 279.02 Criminal Code (Canada)
指控详情:
Benefit from unpaid labour
立法/法规/法典:
Section 380(1)(b) Ontario Works Act (Ont)
指控详情:
Defrauding City of Hamilton
被告:
Gyula Domotor
立法/法规/法典:
Section 279.01 Criminal Code (Canada)
指控详情:
Human Trafficking
立法/法规/法典:
Section 279.03 Criminal Code (Canada)
指控详情:
Withholding travel documents
立法/法规/法典:
Section 279.02 Criminal Code (Canada)
指控详情:
Benefit from unpaid labour
立法/法规/法典:
Section 380(1)(b) Ontario Works Act (Ont)
指控详情:
Defrauding City of Hamilton

法院

Superior Court of Justice, Ontario