判例法数据库

贩运人口

12-175933MED-OTIR/03

事实梗概

The case started when a Nigerian girl was arrested by the police owing to lack of identification papers in November 2010 in an area of Oslo where street prostitution takes place. She was placed in a child welfare institution, as it was considered that she might be less than 18 years old. The child welfare authorities later informed the police that they suspected her to be a victim of trafficking, and an investigation followed.

The court found that the victim had been living in Nigeria as one of 10 children in a family with a husband and two wives. She was transported by an unknown person from Nigeria to Denmark (through Turkey and Greece) in the summer of 2010, following an agreement between her traffickers and her family. The family and the victim understood that she would work in prostitution in Europe, and that the expenses for the provision of her passport, transportation and accommodation, amounting to € 50.000, would have to be repaid before any money could be sent to the family. Her passport was taken from her in Denmark.

The female defendant, D., then appeared and took the girl to Norway, where she was immediately put to work in street prostitution in Oslo. When the girl complained about the conditions, D. threatened her, stating that her family would be killed if she went to the police. She earned a total of about € 8.000, which she gave to the woman, before being arrested by the police.

After being placed in the child welfare institution, D. called the victim on the phone and demanded that she leave the place and return to work in prostitution. Her family was also contacted to persuade her to return to prostitution. The family then called the girl, instructing her not to mention the woman to the police.

The investigation eventually gave reason to suspect D. of her involvement in the exploitation of the victim. She was living in Spain at the time, and was arrested there and later extradited to Norway, having given birth to a child in prison.

评注和重要特点

Nigeria is one of the most prevalent countries of origin for victims of trafficking in Norway. Investigating the networks behind the trade has proved to be extremely difficult. 

判决日期:
2012-12-17
作者:
Norwegian Ministry of Justice and Civil Security

关键词

《有组织犯罪公约》:
《联合国打击跨国有组织犯罪公约》第五条
《人口贩运议定书》:
《人口贩运议定书》第三条
《人口贩运议定书》第五条
法令:
招募
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
剥削目的:
对他人卖淫行为的剥削或其他形式的性剥削
贩运形式:
跨国
有组织犯罪集团
剥削发生的部门:
商业化性剥削
国际合作:
引渡

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)
• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)

所涉国家

尼日利亚

丹麦

挪威

国际合作

措施

• 引渡

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
 

受害人/初审原告

受害人:
Anonymous
性别:
儿童
国籍:

被告/ 初审被申请人

其他被告人的数目:
1
被告:
D.
性别:
国籍:
法律推理:

The court found that D. had been a central part of a criminal network, maintaining a steady stream of women brought into Europe to engage in prostitution. The court found that having given birth to a child in prison had placed D. in a very challenging situation, and took this into consideration when deciding on the prison term.

指控/索赔/裁决

被告:
D.
立法/法规/法典:

Section 224 of the Penal Code

指控详情:
Human Trafficking
陪审团裁决:
Guilty
监禁期:
1 岁 3 月份

法院

Oslo District Court