判例法数据库

贩运人口

犯罪

• 拐卖儿童(18岁以下)
• 贩运人口(成人)

所涉行为

• 征聘/雇用
• 运输
• 窝藏

所用手段

• 威胁使用武力或其他形式的胁迫
• 欺骗
• 滥用权力或趁机敲诈脆弱处境者

Cass. pen. Sez. V, n. 2775

事实梗概

The Defendant convinced two minors to follow him to Italy, promising them a legal job in the Country and obtaining custody powers from their parents. Once they illegally entered Italy, he took their passports away and beat them to force them to pickpocket and hand over to him the stolen goods, threatening them that he would kill or mutilate them if they would run away. He forced them to live in precarious conditions in a occupied facility, together with other hundreds of people. The Defendant forced also another victim to participate in his criminal activities, pickpocketing on tube trains.

评注和重要特点

The Court investigated the meaning of position of vulnerability, mentioned by the European framework decision on combating trafficking in human beings. In particular, it stated that such vulnerability is characterized by the poor conditions in which the trafficked minors were living: they experienced a total lack of reference point and a substantial dependence for their living needs on the Defendant. The Court noted that, considering such elements, the intensity of the surveillance on the minors by the Defendant was not relevant.
判决日期:
2010-11-18
作者:
UNODC

关键词

法令:
招募
运输
包庇
途径:
恐吓、暴力及其他形式的胁迫
欺骗
滥用职权或脆弱境况
剥削目的:
其他
贩运形式:
跨国
剥削发生的部门:
其他行业

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

• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

意大利

罗马尼亚

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
 

受害人/初审原告

受害人:
Anonymous
性别:
儿童
国籍:
受害人:
Anonymous
性别:
儿童
国籍:
受害人:
Anonymous
性别:
国籍:

被告/ 初审被申请人

被告:
S.I.
性别:
国籍:

指控/索赔/裁决

被告:
S.I.
立法/法规/法典:
Art 600 Criminal Code
指控详情:
Reduce to or maintain in slavery
陪审团裁决:
Guilty
结论:

The appealed judgment infers the existence of a condition of continuous subjection of the victims due to their being minors, away from their families, placed in a precarious living facility in a foreign Country, deprived of their documents and forced with violence to commit crimes; beyond this natural situation of inferiority and necessity, typical of a minor separated by their family, other elements make the situation even more oppressive. In this scenario, it is logic to infer the basic elements of the exploitation and of the use of the Victims as they belonged to the perpetrator; thus, the crime has been committed.
[…]
To commit this crime, the personal freedom does not need to be completely denied. It is possible to consider a conduct as “keeping in slavery” when there is a substantial reduction of a person’s ability of self-determination, so that the condition of subjection (required for this crime) is satisfied.

 

Unofficial translation of the judgment
立法/法规/法典:
Art. 611 Criminal Code
指控详情:
Use threats to force someone to commit crimes
陪审团裁决:
Guilty
指控详情:
Collusion in aggravated theft
陪审团裁决:
Guilty
监禁期:
15 岁

法院

Court of Cassation