VICTIMOLOGICAL PICTURE OF HUMAN TRAFFICKING AND SLAVERY IN THE LIGHT OF INTERNATIONAL LAW AND POLISH PENAL LAW
In order to understand the essence of the crime, two issues have to be taken into account: not only do we analyse features of the perpetrator, but also the victim's behaviour. Both measures have to be recognised in the light of their mutual relations. In such a case, victimology is instrumental for criminology. it answers the fundamental question: who and why becomes a victim of a crime? It is victimology that draws our attention to a post-crime victimisation problem in the psychological, social and legal aspects. These issues are particularly vital in the case of human trafficking. First, the victim of the crime has to be defined. The typical definitions of victim of the crime including given in the Polish Charter of Victim's Rights are presented. However, it should be pointed out that relations between human traffickers and their victims are extremely complex. The victims of human trafficking find themselves in a situation where they have a considerable limitation of free decision making. One of the major examples reflecting these problems is job undertaking which leads to the abuse of the potential worker's situation. A very specific example is a job agency. The question that appears is when we should speak of an unlawfully acting job agent, and when we can start calling this human trafficking? Is every illegal job agency dealing with human trafficking? Nevertheless the authoresses show many types of slavery and slaves existing today. They point out that a very impressive list of international regulations in force show, that the issue under discussion still remains a contemporary problem, and needs regulations aiming at finding relevant solutions. There can be no doubts in the light of the 'nullum crimen sine lege certa' that a precise description of the crime is essential. Only a precise definition of a separate crime of human trafficking will enable to recognise the scope of the problem and will create internationally accepted circumstances to overcome it. Such a definition must include at least: - acts: recruitment, transportation, transfer, harbouring or receipt of a person; - means: threat to use or the use of force or other forms of coercion, of abduction, fraud, deception, abuse of power or a position of vulnerability; - purposes: forced labour or services, slavery, slavery-like practices or servitude. Everyone, government and non-governmental organisations, must focus on the crime which must be precisely described including a detailed description of a victim. It is highly urgent and important to harmonise all legislative measures in order to prevent human trafficking, which would guarantee an effective protection of victims and prosecution of criminals.
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