| Abstract [eng] |
Human trafficking and exploitation for forced labor or services are among the most serious criminal offenses that violate fundamental human rights – freedom, dignity, and personal integrity. This master’s thesis analyzes the concept of exploitation for forced labor or services, its criminal law regulation, and its relationship to human trafficking in the laws of Lithuania and foreign countries – the Federal Republic of Germany, the United Kingdom, the Kingdom of Sweden, and the Republic of the Philippines. This thesis examines the concept of human trafficking as a form of modern slavery, revealing its relationship with the concepts of slavery and forced labor in international legal instruments. It evaluates the content of legal acts of the United Nations, the International Labour Organization, and the European Union, as well as their significance in shaping national criminal legislation. This master’s thesis provides a detailed analysis of the elements of the criminal offenses set forth in Articles 147 and 147¹ of the Criminal Code – alternative acts (sale, purchase, recruitment, transportation, and detention), methods of coercion (physical violence, threats, deception, and exploitation of a person’s dependence or vulnerability), and the purpose of exploitation. A comparative analysis revealed that the definition of exploitation for forced labor or services enshrined in the criminal law of all the countries examined is very similar – the essential elements of this criminal offense, such as the use of coercion or deception, taking advantage of the victim’s vulnerability, work under conditions similar to slavery, control, the pursuit of profit, and the purpose of exploitation, are consistent. An analysis of the application of sanctions revealed that the severity of sentences imposed in Lithuanian case law most often falls short of the averages provided for in the sanctions. Statistical data show that the number of recorded criminal offenses and victims is increasing significantly each year. |
