Baudžiamoji atsakomybė už prekybą žmonėmis - nacionalinis ir tarptautinis aspektas ; National and international dimension of criminal liability for trafficking in human beings

Abstract

This paper addresses the concept of international trafficking in human beings in the international and EU legislation and reveals, how the concept had changed over time. It also analyses the evolution of the legal rule of trafficking in human beings, since its very adoption in the criminal law to the currently applicable legal rule, as well as assesses its compliance with the international and EU legal rule, and proposes certain improvements thereto. Objective and subjective characteristics of trafficking in human beings and characteristics constituting body of the crime, as provided for in Article 147 of the Criminal Code, are discussed in the second part of the analysis with a focus on recent changes to Article 147 of the Criminal Code. The author provides some insights into the difficulties related to application of the said legal rule and considers a few examples from the case-law. The last part of the thesis examines the connection of trafficking in human beings to other criminal offenses, namely, profiting from another person's prostitution, exploiting another person for forced labour or services, using another person's forced labour or services, etc. Lastly, the conclusions and suggestions for improvement of the regulatory framework are presented.