| Abstract [eng] |
The master’s thesis analyzes exploitation for forced labour or services as one of the forms of human trafficking and as an independent criminal offence provided for in Article 147¹ of the Criminal Code of the Republic of Lithuania. The thesis examines the concept of human trafficking in international, European Union, and national law, revealing the structure and main elements of this criminal offence. The second part of the thesis analyzes the objective and subjective elements of the criminal offence established in Article 147¹ of the Criminal Code of the Republic of Lithuania. Particular attention is paid to the concept of exploitation for forced labour or services, the mechanisms of breaking the victim’s will, and various forms of control. The third part of the thesis examines the issues of distinguishing exploitation for forced labour or services from other criminal offences against human freedom, with particular emphasis on its relationship with the crime of human trafficking. It also addresses the distinction from the use of a person’s forced labour or services (Article 147² of the Criminal Code), as this criminal offence is oriented towards the use of the result of exploitation, whereas Article 147¹ covers the act of coercing a person to work or provide services through the use of force, deception, or other means of breaking their will. The analysis of case law reveals that, in practice, difficulties arise in identifying this criminal offence, as exploitation often takes latent forms and may be concealed under formally lawful employment relationships. It is concluded that Article 147¹ of the Criminal Code is an important provision of criminal law ensuring the protection of human freedom and dignity; however, its practical application poses challenges due to the complexity of identification and distinction from human trafficking. |
