Case Law Database

Trafficking in persons

Case No. 2012/3925

Belgium

Fact Summary

The company Carestel manages the motorway services in the Dutch-speaking part of Belgium. It concluded a contract with the company Kronos, based in Germany, concerning the cleaning of the toilets on the motorway rest area. Kronos is responsible for hiring and managing the employees cleaning the toilets. 

Several inspections led by the labour inspection services found that the people working in the toilets were working sometimes 15 hours per day, 7 days a week, and received a very small salary. The employees were all foreign nationals, with no knowledge of the Dutch language, most of them coming from eastern Europe. They had signed a contract with Kronos that they were not able to understand, most of them were not able to say whether they were working as employees or as independent workers.

Kronos organised its activities so that employees were living in a house belonging to the company, someone from Kronos would drive each of the employees to a rest area in the morning and pick them up in the evening. The employees took a few cents from each client going into the toilets, and put the money in a safe. An employee from Kronos came every week or several times a week to take the money.   

Sentence Date:
2012-11-05
Author:
United Nations Online Volunteers

Keywords

Trafficking in Persons Protocol:
Article 3, Trafficking in Persons Protocol
Article 5, Trafficking in Persons Protocol
Acts:
Recruitment
Transportation
Harbouring
Means:
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Other
Form of Trafficking:
Transnational
Sector in which exploitation takes place:
Other sectors

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• participant, facilitator, accessory
• legal persons

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Belgium

Germany

Gender Equality Considerations

Details

• Gender considerations
• Female principal offender

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
Accused were tried:
together (single trial)
 

1st Instance: 

Court: First Instance Court of Gent, 19th chamber (Tribunal de 1ère Instance de Gand, 19ème chambre)
Location: Gent
Date of decision: 5 November 2012
Reference: 2012/3925

 
 

Victims / Plaintiffs in the first instance

Victim:
Several unidentified foreign nationals

The victims did not appear in the trial, only the public prosecutor brought charges against the defendats

Defendants / Respondents in the first instance

Number of other accused:
6
Defendant:
Anonymous 1
Gender:
Male

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Legal Reasoning:

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Defendant:
Anonymous 2
Gender:
Male

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Legal Reasoning:

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Defendant:
Anonymous 3
Gender:
Female

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Legal Reasoning:

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Defendant:
Anonymous 4
Gender:
Female

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Legal Reasoning:

The defendant was charged as a servant or agent of the legal entity Kronos Sanitärservice GMBH

Defendant:
Kronos Sanitärservice GMBH, company based in Germany
Nationality:
German
Legal Reasoning:

Kronos was charged as the employer or its representative and legal person

Defendant:
N.V. Carestel Motorway Services, company based in Belgium
Nationality:
Belgian

Carestel was charged as author of the infraction in the sense of article 66 of the penal code, for having executed the offense, having cooperated directly to its execution, or having helped in the commission of the offense in such a way that, without the accused, the infraction would not have been committed

Legal Reasoning:

Regarding the charge of trafficking in human beings: the Court considered that the mere fact that the employees worked 15 hours per day, 7 days a week for several weeks in a row was enough to find the defendants guilty of trafficking in human beings

Charges / Claims / Decisions

Defendant:
Anonymous 1
Legislation / Statute / Code:

Article 12 of the Law of 30 April 1999 on Employment of Foreign Workers

Charge details:
Employing Undocumented or Unauthorised Foreigners
Verdict:
Guilty
Legislation / Statute / Code:

Article 4 to 8 and 9 bis of the Royal Decree of 5 November 2002

Charge details:
Failure to Notify the Institutions Responsible for the Collection of Social Security Contributions of Relevant Information
Verdict:
Guilty
Legislation / Statute / Code:

Article 139 al1 chapter 8 title 4 of the Law of 27 December 2006

Charge details:
Failure to Notify the National Social Security Office prior to The Employment of a Worker Posted in Belgian Territory
Verdict:
Withdrawn
Legislation / Statute / Code:

Article 433 quinquies 1, 3° of the Penal Code

Charge details:
Human Trafficking
Verdict:
Guilty
Legislation / Statute / Code:

Articles 197, 213 and 214 of the Penal Code

Charge details:
Forgery
Verdict:
Not Guilty
Term of Imprisonment:
4 years
Fine / Payment to State:
Yes  55000  EUR  (50,000-100,000 USD)
Defendant:
Anonymous 2
Legislation / Statute / Code:

Article 12 of the Law of 30 April 1999 on Employment of Foreign Workers

Charge details:
Employing Undocumented or Unauthorised Foreigners
Verdict:
Guilty
Legislation / Statute / Code:

Article 4 to 8 and 9 bis of the Royal Decree of 5 November 2002

Charge details:
Failure to Notify the Institutions Responsible for the Collection of Social Security Contributions of Relevant Information
Verdict:
Guilty
Legislation / Statute / Code:

Article 139 al1 chapter 8 title 4 of the Law of 27 December 2006

Charge details:
Failure to notify the National Social Security Office prior to The Employment of a Worker Posted in Belgian Territory
Verdict:
Withdrawn
Legislation / Statute / Code:

Article 433 quinquies 1, 3° of the Penal Code

Charge details:
Human Trafficking
Verdict:
Guilty
Legislation / Statute / Code:

Articles 197, 213 and 214 of the Penal Code

Charge details:
Forgery
Verdict:
Not Guilty
Term of Imprisonment:
4 years
Fine / Payment to State:
Yes  55000  EUR  (50,000-100,000 USD)
Defendant:
Anonymous 3
Legislation / Statute / Code:

Article 12 of the Law of 30 April 1999 on Employment of Foreign Workers

Charge details:
Employing Undocumented or Unauthorised Foreigners
Verdict:
Guilty
Legislation / Statute / Code:

Article 4 to 8 and 9 bis of the Royal Decree of 5 November 2002

Charge details:
Failure to Notify the Institutions Responsible for the Collection of Social Security Contributions of Relevant Information
Verdict:
Guilty
Legislation / Statute / Code:

Article 139 al1 chapter 8 title 4 of the Law of 27 December 2006

Charge details:
Failure to notify the National Social Security Office prior to The Employment of a Worker Posted in Belgian Territory
Verdict:
Withdrawn
Legislation / Statute / Code:

Article 433 quinquies 1, 3° of the Penal Code

Charge details:
Human Trafficking
Verdict:
Guilty
Legislation / Statute / Code:

Articles 197, 213 and 214 of the Penal Code

Charge details:
Forgery
Verdict:
Not Guilty
Term of Imprisonment:
2 years
Fine / Payment to State:
Yes  27000  EUR  (10,000-50,000 USD)
Defendant:
Anonymous 4
Legislation / Statute / Code:

Article 12 of the Law of 30 April 1999 on Employment of Foreign Workers

Charge details:
Employing Undocumented or Unauthorised Foreigners
Verdict:
Guilty
Legislation / Statute / Code:

Article 4 to 8 and 9 bis of the Royal Decree of 5 November 2002

Charge details:
Failure to Notify the Institutions Responsible for the Collection of Social Security Contributions of Relevant Information
Verdict:
Guilty
Legislation / Statute / Code:

Article 139 al1 chapter 8 title 4 of the Law of 27 December 2006

Charge details:
Failure to notify the National Social Security Office prior to The Employment of a Worker Posted in Belgian Territory
Verdict:
Withdrawn
Legislation / Statute / Code:

Article 433 quinquies 1, 3° of the Penal Code

Charge details:
Human Trafficking
Verdict:
Guilty
Legislation / Statute / Code:

Articles 197, 213 and 214 of the Penal Code

Charge details:
Forgery
Verdict:
Not Guilty
Term of Imprisonment:
1 year
Fine / Payment to State:
Yes  13750  EUR  (10,000-50,000 USD)
Defendant:
Kronos Sanitärservice GMBH, company based in Germany
Legislation / Statute / Code:

Article 12 of the Law of 30 April 1999 on Employment of Foreign Workers

Charge details:
Employing Undocumented or Unauthorised Foreigners
Verdict:
Guilty
Legislation / Statute / Code:

Article 4 to 8 and 9 bis of the Royal Decree of 5 November 2002

Charge details:
Failure to Notify the Institutions Responsible for the Collection of Social Security Contributions of Relevant Information
Verdict:
Guilty
Legislation / Statute / Code:

Article 139 al1 chapter 8 title 4 of the Law of 27 December 2006

Charge details:
Failure to notify the National Social Security Office prior to The Employment of a Worker Posted in Belgian Territory
Verdict:
Withdrawn
Legislation / Statute / Code:

Article 433 quinquies 1, 3° of the Penal Code

Charge details:
Human Trafficking
Verdict:
Guilty
Legislation / Statute / Code:

Articles 197, 213 and 214 of the Penal Code

Charge details:
Forgery
Verdict:
Not Guilty
Fine / Payment to State:
Yes  528000  EUR  (More than 500,000 USD)
Defendant:
N.V. Carestel Motorway Services, company based in Belgium
Legislation / Statute / Code:

Article 12 of the Law of 30 April 1999 on Employment of Foreign Workers

Charge details:
Employing Undocumented or Unauthorised Foreigners
Verdict:
Guilty
Legislation / Statute / Code:

Article 433 quinquies 1, 3° of the Penal Code

Charge details:
Human Trafficking
Verdict:
Guilty
Legislation / Statute / Code:

Article 4 to 8 and 9 bis of the Royal Decree of 5 November 2002

Charge details:
Failure to Notify the Institutions Responsible for the Collection of Social Security Contributions of Relevant Information
Verdict:
Guilty
Legislation / Statute / Code:

Article 139 al1 chapter 8 title 4 of the Law of 27 December 2006

Charge details:
Failure to notify the National Social Security Office prior to The Employment of a Worker Posted in Belgian Territory
Legislation / Statute / Code:

Articles 197, 213 and 214 of the Penal Code

Charge details:
Forgery
Verdict:
Not Guilty
Fine / Payment to State:
Yes  99000  EUR  (100,000-500,000 USD)

Regarding the charge of trafficking in human beings: the Court considered that the mere fact that the employees worked 15 hours per day, 7 days a week for several weeks in a row was enough to find the defendants guilty of trafficking in human beings

Court

First Instance Court of Gent, 19th chamber [Tribunal de Première Instance de Gand, 19ème chambre]

Attachments