判例法数据库

贩运人口

犯罪

• 贩运人口(成人)

所涉行为

• 征聘/雇用
• 窝藏

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
• 欺骗

剥削目的

• 强迫劳动或服务

关键词

• 剥削
• 强迫劳动或服务

Supreme Court Decision no. 2/2019 (Nea Manolada)

事实梗概

 
This is the decision on an appeal by way of cassation in the interest of the law lodged by the Prosecutor of the Supreme Court of Greece (Areios Pagos), concerning the part of the acquittal from the charges of trafficking n persons of the decision 75-81, 85-87, 111-128/2014 of the Patras Assize Court.  The Supreme Court upheld the appeal, which however does not affect the res judicata.
 
For its part, in its judgment of 30 July 2014, the Assize Court acquitted the four defendants on the charge of human trafficking. The workers’ lawyers then applied to the public prosecutor at the Court of Cassation requesting that he appeal on points of law against the judgment of the Assize Court. In their application they contended that the Assize Court had not adequately examined the charge of trafficking in human beings. They considered that, in order to determine whether that court had correctly applied Article 323A of the Criminal Code, it was necessary to examine whether advantage had been taken of any vulnerability of the foreign nationals in order to exploit them.
 
On 27 October 2014 the prosecutor refused to lodge an appeal. He gave reasons for his decision, indicating only that the statutory conditions for an appeal on points of law were not met. As a result of this decision, the part of the 30 July 2014 judgment concerning human trafficking became “irrevocable”.

评注和重要特点

1. The Supreme court examined the position of vulnerability and the abuse thereof (the annulled decision did not elaborate on vulnerability of victims, as they were in irregular situation and lacked autonomy and protection).
2. The Supreme Court noted that there is no need to have full deprivation of autonomy and liberty for qualifying a situation as trafficking in persons.
3. The Supreme Court noted that there is no need for the accused to be an employer of the victims to qualify as a trafficker.
4. The Supreme Court further examined the element of consent.  
判决日期:
2019-06-18

交叉问题

责任

... 根据

• 犯罪意图

... 作为涉及方

• 主犯
• 参与者、调解人、从犯

犯罪

所涉国家

希腊

孟加拉国

程序步骤

法律制度:
民法
最新的法院:
最高法院
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)
 
 
诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    75-81, 85-87, 111-128/2014
  • 裁决日期:
    Wed Jul 30 00:00:00 CEST 2014

    法院

    法院名称

    Patras Assize Court
     
    • 刑事的

    结果

  • 陪审团裁决:
    无罪
  • 诉讼 #2:
  • 阶段:
    上诉
  • 裁决日期:
    Mon Oct 27 00:00:00 CET 2014

    法院

    法院名称

    Court of Cassation
     
    • 刑事的

    说明

    On 21 October 2014 the workers’ lawyers lodged an application with the public prosecutor at the Court of Cassation asking him to appeal against the Assize Court judgment. In their application they submitted that the Assize Court had not adequately examined the charge of human trafficking. They took the view that, in order to determine whether that court had properly applied Article 323A of the Criminal Code, it was necessary to examine whether the accused had taken advantage of any vulnerability of the foreign nationals in order to exploit them.

    On 27 October 2014 the prosecutor refused to lodge an appeal. He gave reasons for his decision, indicating only that the statutory conditions for an appeal on points of law were not met. As a result of this decision, the part of the 30 July 2014 judgment concerning human trafficking became “irrevocable”.

     

    结果

  • 陪审团裁决:
    其他
  • 诉讼 #3:
  • 阶段:
    其他
  • 官方案件编号:
    no. 2/2019
  • 裁决日期:
    Tue Jun 18 00:00:00 CEST 2019

    法院

    法院名称

    Supreme Court of Greece (Areios Pagos)
     

    地点

  • 城市/城镇:
    Athens
  • • 刑事的

    说明

    Appeal of cassation by way of interest of the law sustained.
     

    结果

  • 陪审团裁决:
    其他
  • 受害人/初审原告

    受害人:
    性别:
    国籍:
    42 victims

    被告/ 初审被申请人

    其他被告人的数目:
    4
    被告:
    性别:
    国籍:
    Articles 323, 323A of Greek Criminal Code:
    Article 323
    “1. Anyone who practises servitude shall be punished by imprisonment. 2. Servitude includes any act of arrest, appropriation and disposal of an individual which seeks to make him a slave, any act of acquisition of a slave for the purpose of resale or exchange, the act of assignment by sale or exchange of an already acquired slave and, generally speaking, any act of trafficking or transporting of slaves. ...”
    Article 323A
    “1. Anyone who, through the use of force or the threat thereof, or any other means of coercion or abuse of authority or power or abduction, recruits, transports, brings into the country, detains, protects, delivers – with or without consideration – or obtains from a third party, any person, with the aim of taking cells, tissue or organs from that person, or of exploiting that person’s work or begging, whether this is done for personal gain or on behalf of another, shall be punished by imprisonment of up to ten years and a fine of between EUR 10,000 and EUR 50,000. 2. The above-mentioned punishment shall also be imposed on offenders who, pursuing the same purpose, obtain the consent of any person or attract the latter under false pretences, taking advantage of the person’s vulnerability, by means of promises, gifts, sums of money or other benefits. 3. Anyone who, with full knowledge of the facts, accepts the work provided by persons who have been subjected to the conditions described in paragraphs 1 and 2 above, shall be punished by imprisonment for a minimum term of six months. 4. Anyone who has committed the offence provided for in the preceding paragraphs shall be punished by imprisonment for at least ten years and a fine of between EUR 50,000 and EUR 100,000 if the offence: ... (b) is committed repeatedly; ... (d) has as a consequence particularly serious harm to the health of the victim or has exposed the victim’s life to grave danger.”

    法院

    Supreme Court of Greece (Areios Pagos)