| Abstract [eng] |
The article examines some of the standards for the implementation of the trafficking in human beings norm that have been developed in the practice of the Court of Cassation Instance. It reveals the principles/ rules of law for assessing the complex structure of the objective elements of trafficking in human beings, which identify a wide range of alternative acts, methods of influence and forms of exploitation. It also identifies specific problems in the qualification of the crime of trafficking in human beings, based on the recent jurisprudence of the Supreme Court of Lithuania. The automatic application of this provision in all cases where a person has been subjected to deception, violence or threats is not only inconsistent with the purpose of the criminal law, but also raises doubts as to the reasonableness, proportionality and effectiveness of the application of criminal liability as an ultima ratio (measure of last resort). Therefore, taking into account the importance, the values and the purpose of the trafficking in human beings provision, the courts should, with the utmost responsibility, assess the totality of the objective and subjective elements of the offence, provide reasoned justification for their conclusions on the applicability of the Article and set reasonable limits to its application. The jurisprudence criminalising human trafficking is consistent, uncontroversial, well-reasoned and clear. In assessing the recent jurisprudence of the Court of Cassation in the field of trafficking in human beings, it should be noted that the lower courts deviate only slightly from the theoretical aspects of the qualification of the offences under Articles 147 and 157 of the Criminal Code. Consistent jurisprudence has been developed to determine the mechanism for restricting a person’s liberty, the disclosure of the victim’s vulnerability and dependence, and the content of the elements of deception. |
