| Abstract [eng] |
The Master's thesis analyses the theoretical and practical peculiarities of exploitation for forced labour as a type of trafficking in human beings offence by examining the relevant legislation, the findings of scholars in doctrine and the interpretations in case law. The work provides a comprehensive and systematic analysis of exploitation for forced labour as a type of trafficking in human beings in Lithuanian criminal law. The topic is reopened by examining the concept of exploitation for forced labour as a type of trafficking in human beings, the development of this criminal offence, the legal regulation in the CC, the basic composition of the offence under Article 147 (1) of the CC, the qualifying features, and the distinction between this criminal offence and other similar criminal offences. The study reveals that the development of the crime of exploitation for forced labour and services is closely linked to the fulfilment of international obligations and the need to combat this phenomenon more effectively. The offence covers a wide range of perpetrators, with a variety of alternative, malicious acts by the perpetrator that necessarily favour (wholly or partially) the will of the victim. At least one means of bending the will must be used. According to case-law, the most frequent are deception and taking advantage of the vulnerability of the victim. The most common victims are socially vulnerable men. In the case of forced labour, the accomplices play the roles of recruitment, transportation, exploitation and control. They are all accomplices. Causation exists when an accomplice is aware that he is playing a role in a crime aimed at exploiting a person for forced labour. In 2017-2024, there has not been a single case in case law where a legal person has been held criminally liable for this offence. In the case of this offence, the mens rea must be proven beyond reasonable doubt. The courts do not always distinguish between the qualifying elements, i.e. whether a person has been exploited in slavery or in other inhuman conditions. The distinction between Article 147 of the CC and Article 147(1) of the CC can be made through the object of the offence, the criminal acts and the victim. The distinction between Article 147(1) CC and Article 147(2) CC can be made through the objective element - the act committed. |
