Abstract [eng] |
Exploitation for forced labour or services is one of the most widespread forms of trafficking in human beings, both nationally and internationally, but it is also a crime with a high degree of latency, so the actual extent of its manifestation may be greater. Exploitation for forced labour and services is usually linked to trafficking in human beings, but in Lithuania it is recognised as an independent criminal offence. This paper presents the phenomenon of exploitation for forced labour or services from several perspectives: in the context of trafficking in human beings and as an independent criminal offence. The first part of the thesis examines the development of the criminalisation of human trafficking in Lithuania. It presents the legal acts that have had the greatest impact on the formation of the concept of trafficking in human beings in the country and in the international and EU context, and assesses their significance for the change in the national criminal liability for trafficking in human beings. The concept of trafficking in human beings and its main elements in the current norm establishing criminal liability for trafficking in human beings are analysed, and their interpretation in the scientific literature and in case law is revealed. The main commonly recognised forms of trafficking in human beings and the characteristics of each of them are also discussed separately. The second and third parts of the thesis analyse the main elements of the offence of exploitation for forced labour or services, as well as the qualifying element of the offence - slavery and other inhuman conditions. Based on scientific literature and recent case law, it highlights the essence and particularities of these features and the problems of qualification that may arise in practice. It also provides an overview, based on statistical data, of the extent to which exploitation for forced labour or services occurs in the country, the prevailing trends and the factors influencing them. The fourth part of the thesis focuses on the relationship between the offence of exploitation for forced labour or services and other similar offences, and presents possible proposals for classification. |