判例法数据库

毒品犯罪

犯罪

• 分销/ 交付/ 发货/ 运输

关键词

• 非法贩运

偷运移民

罪行

• 促成非法入境
• (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

贩运人口

犯罪

• 贩运人口(成人)
• 拐卖儿童(18岁以下)

所涉行为

• 征聘/雇用
• 运输
• 窝藏
• 转移

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

• 商业性质的性剥削
• 拐卖儿童
• 跨国贩运

Sentence 1081/2019

事实梗概

JF and JE, husband and wife, were both convicted of aggravated human trafficking and facilitating illegal entry. JF was also convicted of drug related offences.

The couple, in collaboration with organised criminal groups operating transnationally, were involved in the recruitment, transportation and harbouring of two Nigerian girls (victim1 and victim2), one of whom was a minor,  in order to employ them in the Italian prostitution market and profit from them financially. The victims’ journey from Nigeria to Italy involved the crossing of Niger and Libya and was organised and paid for by the defendants. The fee for transportation ranged from 15.000,00 to 25.000,00 euros, which the girls had to pay back through their work.   The victims were repeatedly subjected to physical violence at the hands of both defendants and were constantly threatened. 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. The defendants had different roles within the criminal activity.

JE took care of the recruitment of the girls, the voodoo rituals, the organisation of transport to Italy and payment to the criminal groups. She also acted as a ‘madame’, teaching the girls how to solicit customers and how much they should charge the clients. She was responsible for deflowering victim 1 with a banana and threatened the families of the victims after the police raided the house where they were staying and took them to secure accommodation.

JF took care of arranging transportation of the victims to Catania and personally pick up the victims and took them to the house he shared with his wife.  He was also in charge of the ‘bookkeeping’ and annotating the respective amounts received by the girls. Based on the testimony of both victims , the evidence collected through phone call surveillance and wiretapping of the prison meetings between JF and his wife, the claims of the defendants, who argued they only rented a room to the girls and knew nothing about their prostitution, were deemed to be false. On 7.10.2019 they were both convicted to 10 years imprisonment and immediate expulsion from Italy upon completion of the sentence.

评注和重要特点

The perpetrators were a married couple.

JE, the wife, was four years older than her husband and was a principal defendant. She was also a prostitute, but she had stopped working due to her pregnancy. On the facts there is no mention of her being a victim of trafficking.

Based on the evidence JE, was particularly aggressive towards the victims and more prone to anger and violence than her male companion.

It is also worth noting that whilst sentencing, general mitigating circumstances invoked by the defence team were rejected on the basis that the actions of the defendants were particularly despicable and characterised by complete disregard towards the victims. Furthermore, by presenting unreasonable versions of the facts, the defendants demonstrated their complete lack of remorse.
判决日期:
2019-10-09
作者:
Eva Ford, as part of collaboration with Queen Mary University London

关键词

法令:
招募
运输
转移
包庇
途径:
恐吓、暴力及其他形式的胁迫
滥用职权或脆弱境况
贩运形式:
跨国
剥削发生的部门:
商业化性剥削

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

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

尼日利亚

尼日尔

利比亚

意大利

侦查

没收和扣押

  • 定罪依据:
    基于定罪的没收
  • 评论

    Money: amount not specified. 
    Legal basis of confiscation: art.240 penal code
     

    特殊偵查手段

    • 电子或其他形式监视

    评论

    On the 20.04.2018 the local police headquarters received a call from the Carabinieri of Como, in which they reported the presence of an underaged Nigerian girl who had been forced into prostitution by a man named ‘Frank’ residing in XX XXX.
    The police raided the house and found JF and JE present at the scene, together with three girls, two of whom were in fact victim 1 and 2. The police also searched the house and found several condoms and other general contraceptives.
    The three girls were taken to the police station where they were interviewed.
    Following this, the girls were moved to secure facilities and the phones of the defendants were tapped.
    From the recorded conversations the defendants clearly feared their phones being tapped and hinted to their interlocutors to avoid certain topics.
    The defendants were taken into custody on the 11.08.2018 and from the 01.12.2018 the police proceeded to secretly monitor the couple’s meetings in prison. These meetings further supported the evidence against the defendants, who were involved in the sexual exploitation of the girls.
     

    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
    • 女性主犯

    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)
     
     

    受害人/初审原告

    受害人:
    Victim 1
    性别:
    国籍:
    年龄:
    17
    出生:
    2002
    受害人:
    Victim 2
    性别:
    国籍:
    年龄:
    21
    出生:
    1998

    被告/ 初审被申请人

    其他被告人的数目:
    2
    被告:
    JF
    性别:
    国籍:
    年龄:
    22
    出生:
    1997
    Husband of JE
    被告:
    JE
    性别:
    国籍:
    年龄:
    26
    出生:
    1993
    Wife of JF

    指控/索赔/裁决

    被告:
    JF
    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

    指控详情:
    Aggravated human trafficking 
    Both defendants, in complicity with other unidentified individuals residing in Libya and Nigeria, 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 victim 1 with the aim of sexually exploiting her. Aggravating factors relevant were the fact victim 1 was a minor, several forms of deprivation, various acts of violence and exposure to life threatening situations. Specifically, these relate to the numerous forms of violence perpetrated on victim 1 and the high risk of the boat used for the transportation sinking. 
    Additionally, the charge aggravated further by contribution to the commission of an offence carried out by an organised criminal group operating transnationally.
    陪审团裁决:
    Guilty
    立法/法规/法典:
    Article 81 paragraph and 110 penal code and article 12, provisions 3 letter b) and 3-ter letter a) e b), Legislative decree 25 July 1998 and article 4 L. 146/06

    指控详情:
    Facilitating illegal immigration
    Both defendants, in complicity with other unidentified individuals residing in Libya and Nigeria, with the aim profiting by their actions , encouraged, financed, organised and implemented the illegal entry of  victim 1 into Italy taking advantage of the transportation, residence and embarkation services provided by traffickers in Libya. Aggravating factors were the exposure to life threatening situations given the conditions of the boats used for transport and the high risk of sinking; 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.
    陪审团裁决:
    Guilty
    立法/法规/法典:

    Article 110, 81 paragraph, 601 subsection 1, 602 ter c. 1 letter a), b) and c) of penal code and 4 L.146/06

    指控详情:
    Aggravated human trafficking 
    Both defendants, in complicity with other unidentified individuals residing in Libya and Nigeria, 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 victim 2 with the aim of sexually exploiting her. Aggravating factors were several forms of deprivation, various acts of violence and exposure to life threatening situations. Specifically, these relate to the numerous forms of violence perpetrated on victim 2 and the high risk of the boats used for transportation sinking. 
    Additionally, the charge aggravated further by contribution to the commission of an offence carried out by an organised criminal group operating transnationally. 
    陪审团裁决:
    Guilty
    立法/法规/法典:

    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 e article 4 L. 146/06

    指控详情:
    Facilitating illegal immigration
    Both defendants, in complicity with other unidentified individuals residing in Libya and Nigeria, with the aim profiting by their actions, encouraged, financed, organised and implemented the illegal entry of  victim 2 in Italy taking advantage of the transportation, residence and embarkation services provided by traffickers in Libya. Aggravating factors were exposure to life threatening situations given the conditions of the boats used for transport and their high risk of sinking; acting with the aim of recruiting victims to sexually exploiting them; contribution to the commission of an offence carried out by an organised criminal group operating transnationally.
    陪审团裁决:
    Guilty
    立法/法规/法典:

    Article 110, 81 penal code and  73 Legislative decree 309/90

    指控详情:
    Transport and supply of narcotic substances
    Defendant 1, JF, was charged with this offence on the basis that together with others, he took part in the transportation and supply of narcotic substances, specifically cocaine.
    陪审团裁决:
    Guilty
    监禁期:
    10 岁
    赔偿/向受害人付款:
    7000  Euros 
    3000 to each victim, and 1000 to ‘Penelope’ Association for the Coordination of Social Solidarity. This is to be paid together with JE
    罚金/向国家付款:
    1200  Euros  To pay together with JE
    其他制裁:
    Immediate expulsion from Italy once the sentence has been served
    被告:
    JE
    指控详情:

    Please see above

    陪审团裁决:
    Guilty
    监禁期:
    10 岁
    赔偿/向受害人付款:
    7000  Euro 
    3000 to each victim, and 1000 to ‘Penelope’ Association for the Coordination of Social Solidarity. This is to be paid together with JF
    罚金/向国家付款:
    1200  EUR 
    Legal fees to pay together with JF
    其他制裁:
    Immediate expulsion from Italy once the sentence has been served

    法院

    Tribunale di Catania (N.1081/2019)