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参与有组织集团

犯罪

• 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪

偷运移民

罪行

• 促成非法入境
• 促成非法居留
• (给偷运者的)钱财或其他物质利益

方式

• 土地
• 海

恶化

• 危及被偷运移民的生命或安全

相关行为

• 组织和指挥他人

贩运人口

犯罪

• 贩运人口(成人)
• 拐卖儿童(18岁以下)

所涉行为

• 窝藏
• 运输
• 征聘/雇用
• 组织和指挥他人
• 转移
• 收到

所用手段

• 威胁使用武力或其他形式的胁迫
• 滥用权力或趁机敲诈脆弱处境者

剥削目的

• 利用他人卖淫进行剥削或其他形式的性剥削

关键词

• 跨国贩运
• 有组织犯罪集团
• 商业性质的性剥削
• 拐卖儿童

Sentence N. 883/2019

事实梗概

IC was convicted of: heading and running an organised criminal network for the purposes of human trafficking; aggravated human trafficking; heading and running an organised criminal network for the purposes of facilitating illegal immigration; facilitating illegal immigration.

PG was convicted of two offences, namely: aggravated human trafficking and facilitating illegal immigration.

In collaboration with organised criminal groups operating transnationally, IC and PG were involved in the recruitment, transportation and harbouring of young Nigerian women in order to exploit them for use in the Italian prostitution market and in that of several other European countries (Belgium, Germany, UK, and Spain) and to procure such young girls for third-party ‘madames’ throughout Europe, and profit from them financially.

The victims’ journey from Nigeria to Italy involved the crossing of Niger and Libya and was possible due to the defendants’ close relationship with Libyan traffickers with whom they were in constant contact at every stage of the young women’s journey. This was very well coordinated and involved military like control, corruption of border authorities and para-entrepreneurial planning.

IC and PG took care of the transportation fee, and charged the victims up to 45,000 euros, which the women had to pay back through their work.
The defendants also provided the women with the ‘story’ to tell to the authorities in order to get relevant residence documents.

Before leaving Nigeria, the victims were forced to undergo a voodoo ritual. This meant they believed that if they were to escape, not repay their debt or talk to the police they would be killed, or their families would be harmed. This gave the defendants very useful leverage over the young women.

评注和重要特点

This decision involves a victim that was used to recruit other victims. While that victim was tried separately, her role was extensively described in this decision.

判决日期:
2019-07-08
作者:
Eva Ford, as part of collaboration with Queen Mary University London

关键词

法令:
招募
途径:
恐吓、暴力及其他形式的胁迫
滥用职权或脆弱境况
剥削目的:
对他人卖淫行为的剥削或其他形式的性剥削

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
• 组织者/指挥者

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

利比亚

尼日利亚

意大利

侦查

没收和扣押

  • 定罪依据:
    基于定罪的没收
  • 评论

    The judge ordered the seizure of all monies pertaining to the crime (no amount specified) and the seizure and destruction of properties seized.
    Legal basis of confiscation: Article 240 Penal Code
     

    特殊偵查手段

    • 电子或其他形式监视

    评论

    The investigation was set in motion following the statements of some young Nigerian women who arrived in Italy on the 29 March 2016 on board a Norwegian rescue boat. The women were identified as individuals with potential high-risk for human trafficking and therefore approached by the authorities.
    Following their declarations, the phones of the defendants were tapped. From the recordings of the phone conversations of the defendants coupled with the annotations of the Public Prosecutor’s Office it was possible to identify IC and PG as having the primary role in the criminal organization.
     

    电子证据

    • 电子证据/数字证据

    性别平等方面的考虑因素

    详情

    • 性别考虑

    程序步骤

    法律制度:
    民法
    最新的法院:
    初审法院
    诉讼类型:
    刑事的
    被告人的审讯:
    与同案其他被告一同处理(合并审讯)
     

    Although tried separately, the case involved a young woman called XX XXX She was trafficked by IC, who exercised extreme control over her. She was responsible for putting another girl on the streets, reporting back to IC on her performance, and she started trafficking girls herself.

     
     

    受害人/初审原告

    受害人:
    Victim 1
    性别:
    国籍:
    年龄:
    24
    出生:
    1995
    受害人:
    Victim 2
    性别:
    国籍:
    年龄:
    19
    出生:
    2000
    Although victim 2 was an adult at the time of the trial, she was a minor when the trafficking occurred.
    受害人:
    Victim 3
    性别:
    国籍:
    年龄:
    21
    出生:
    1998
    受害人:
    Victim 4
    性别:
    国籍:
    年龄:
    22
    出生:
    1997
    受害人:
    Victim 5
    性别:
    国籍:
    年龄:
    23
    出生:
    1996

    被告/ 初审被申请人

    其他被告人的数目:
    2
    被告:
    IC
    性别:
    国籍:
    年龄:
    50
    出生:
    1969
    被告:
    PG
    性别:
    国籍:
    年龄:
    34
    出生:
    1985

    指控/索赔/裁决

    被告:
    IC
    指控:
    Heading and running an organised criminal network for the purposes of human trafficking
    IC , in complicity with other individuals of the same nationality (his wife, sister, brother and other unidentified individuals) organised the recruitment, transportation and receipt and of young Nigerian women in order to exploit them as prostitutes. Aggravating factor relevant was his position as head of the criminal organisation, evidenced by his close connection with the traffickers and the powerful influence he exerted on decision making as recognised by his associates and the victims.

    法规:
    Article 414, paragraphs 1,2,3,6 penal code
    陪审团裁决:
    Guilty
    指控:

    Aggravated Human Trafficking
    IC, in complicity with his wife, his sister Carol, his brother ‘father Jolly’ and his brother Reuben carried out various acts furthering the same criminal objective, by means of threats through voodoo rituals and abuse of positions of vulnerability, that is to say the recruitment, transportation and harbouring of the victims with the aim of sexually exploiting them.
    Aggravating factors relevant were the fact the victims were minors and exposed to life threatening situations. Specifically, these relate to the victims having to cross countries while under the control of criminals who repeatedly subjected them to various forms of deprivation and segregation and the high risk of the boat used for the transportation sinking.
    Additionally, the charge was aggravated further by contribution to the commission of an offence carried out by an organised criminal group operating transnationally.

    立法/法规/法典:
    Article 110, 81 paragraph, 601 subsection 1, 602 ter c. 1 letter a), b) and c) penal code and 4 L.146/06
    陪审团裁决:
    Guilty
    指控:

    Heading and running of an organised criminal network for the purposes of facilitating illegal immigration

    IC, in complicity with other individuals of the same nationality (his wife, sister, brother and other unidentified individuals) and other unidentified individuals of different nationality meticulously planned the different stages involved in the transportation of the victims to Italy. Identified the connection houses in Libya to host the victims, selected the connection men and the traffickers to entrust with the transportation of the victims and took care of the payment of the traffickers. Aggravating factors relevant were his position as head of the criminal organisation, evidenced by his close connection with the traffickers and the powerful influence he exerted on decision making as recognised by his associates and the victims; and the contribution to the commission of an offence carried out by an organised criminal group operating transnationally.

    法规:
    Article 12, paragraphs 1 and 3 letters a) b) and d), 3rd (bis) and 3rd (ter) Legislative decree 25 July 1998 n.286
    陪审团裁决:
    Guilty
    指控:

    Facilitating illegal immigration
    IC, in complicity with other individuals of his same nationality (his wife, sister, brother and other unidentified individuals) and other unidentified individuals of different nationality carried out various acts furthering the same criminal objective, with the aim of profiting by their actions, encouraged, financed, organised and implemented the illegal entry of the victims to Italy through use of the transportation, residence and embarkation services provided by traffickers in Libya.
    Aggravating factors were the conduct in relation to the entry and permanence in Italy of more than five individuals; exposure to life threatening situations given the conditions of the boats used for transport and their high risk of sinking; the offence being committed by more than three individuals; acting with the aim of recruiting victims to sexually exploit them; contribution to the commission of an offence carried out by an organised criminal group operating transnationally.

    法规:
    Article 81 paragraph and 110 penal code and article12, subsections 3 letter b) and 3-ter letter a) e b), Legislative decree 25 July 1998 n. 286 and article 4 L. 16 March 2006 n.146
    陪审团裁决:
    Guilty
    监禁期:
    12 岁

    Immediate expulsion from Italy once the sentence has been served.
    The term of imprisonment of 12 years is the result of a reduction of the sentence of 1/3, due to the special proceeding opted for by the defendant. 

    被告:
    PG
    指控:

    Aggravated Human Trafficking
    PG , in complicity with XX XXX, XXX and others unidentified individuals carried out various acts furthering the same criminal objective, by means of threats through voodoo rituals and abuse of positions of vulnerability, that is to say the recruitment, transportation and harbouring of the victims with the aim of sexually exploit them.
    Aggravating factors relevant were the fact the victims were minors and exposure to life threatening situations. Specifically, these relate to the victims having to cross countries while under the control of criminals who repeatedly subjected them to various forms of deprivation and segregation; the high risk of the boat used for the transportation sinking.
    Additionally, the charge was aggravated further by contribution to the commission of an offence carried out by an organised criminal group operating transnationally.

    法规:
    Article 110, 81 paragraph, 601 subsection 1, 602 ter c. 1 letter a), b) and c) penal code and 4 L.146/06
    陪审团裁决:
    Guilty
    指控:

    Facilitating illegal immigration
    PG , in complicity with XXX and XXX and other unidentified individuals, carried out various acts furthering the same criminal objective, with the aim of profiting by their actions, encouraged, financed, organised and implemented the illegal entry of the victims into Italy through use of the transportation, residence and embarkation services provided by traffickers in Libya.
    Aggravating factors were the conduct in relation to the entry and permanence in Italy of more than five individuals; exposure to life threatening situations given the conditions of the boats used for transport and their high risk of sinking; the offence being committed by more than three individuals; acting with the aim of recruiting victims to sexually exploit them; contribution to the commission of an offence carried out by an organised criminal group operating transnationally.

    法规:
    Article 81 paragraph and 110 penal code and article12, subsections 3 letter b) and 3-ter letter a) e b), Legislative decree 25 July 1998 n. 286 and article 4 L. 16 March 2006 n.146
    陪审团裁决:
    Guilty
    监禁期:
    9 岁

    Immediate expulsion from Italy once the sentence has been served.
    The term of imprisonment of 9 years is the result of a reduction of the sentence of 1/3, due to the special proceeding opted for by the defendant. 

    法院

    Tribunal of Catania (N. 833/2019)