Case Nº P-9/09
Mots-clés
Parcours procédural du dossier
1st Instance:
Federal Criminal Oral Court N II
Cordoba
04/27/2010
Reference: Case N P-9/09
Victime / Demandeurs de la première instance
Défendeurs / Répondants de la première instance
Résumé des faits
In September 2008, the minors C.L. and R. (13 and 14 years old respectively) escaped from the Youth Detention Center Ayelén where they were sent by the Juveniles Judges 5° and 8°. On their way, the victims slept in the Bus Station of Cordoba, where they wandered about two days.
On September 15, the girls met the accused who, after questioning and knowing that they were fugitives, offered food and proposed them to travel to Mendoza where he was going to give jobs and identification. Once H.R.P. warns the situation of helplessness, vulnerability, loneliness and lack of resources of the girls, takes advantage of this situation, deceiving them with false promises to persuade them to move with him to the province. In addition, H.R.P. would get a female person to come over as his mother and so she can travel with the girls.
On September 16, C.L. called M. I. A. who until 2006 was her foster parent. In that conversation, C.L. said that she would go to the city of Mendoza with some friends and a lady.
The next day, she called M.I.A. again who, perceiving the danger that the minor was in, she convinced her to go home. By knowing the truth that the girls were being deceived by H.R.P., M.I.A. contacted Mr. A.C., who works at the terminal and told authorities about the suspect.
The police along with the security guard of the terminal, found a man of about 50 years old who was talking to the minors suspiciously. Once H.R.P. notice the presence of the authorities cut off dialogue with them. When questioned, the man could not give any explanation of the minors. Therefore, the authorities transferred him to the police station, where the police found different annotations, among others, the names, the identification of the minors and the number of the Association of Women Prostitutes Argentina (AMMAR), place where he had come claiming false sexual identity to obtain data of sex work activity.
Frais/Réclamations/Décisions
Article 145 ter, third part, number 1 Penal Code
Source/Citation
Sentence - Causa n.P-9/09, T.O.C.F. N.II
Database of UFASE (Unidad Fiscal de Asistencia en Secuestros Extorsivos y Trata de Personas), Ministerio Publico Fiscal, Republica Argentina.
Commentaires ou Eléments Importants
The Federal Criminal Oral Court N II held that the evidence collected during the process is sufficient to establish the guilt of the accused. Evidence shows that the girls were in a vulnerable position due to the lack of maintenance resources, which was used by H.R.P. to deceive and give false promises with the intention of engage them in sexual trafficking. However, his criminal plan was interrupted by circumstances beyond his control.
The Public Defender of the accused interprets systematically the rules of the crimes of trafficking, asking the unconstitutionality of Art. 145 ter (1) (8) because violates the principle of legality. In his opinion, the vulnerability of the victim as aggravating of the crime this crime is implicit in the minority under the first paragraph of art. 145 ter of C.P.
The vulnerability contemplates the risk of exposure, the lack of ability to address to it and suffer serious consequences. The judge explained that the higher the educational level, the lower vulnerability. Therefore, there are children who for various reasons are in a heightened state of vulnerability.
It also explains that art. 145 bis of the Penal Code make a difference between older and children trafficking. When the legislator states aggravating factor in cases where the minor is in a state of increased vulnerability to others, provides to the minors greater legal protection.