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IV K 414/06

Pologne
UNODC No.:
POL012
Décision/Date de Verdict:
2008-03-03
Date de la peine:
2008-12-08
Auteur:
Jagiellonian University, International Humanitarian Law and Human Rights Centre
Tribunal:
the District Court of Lublin

Mots-clés

Actes:
Recrutement
Transport
Transfert
Hébergement
Secteur dans lequel l'exploitation a lieu:
Exploitation sexuelle commerciale
Means:
Enlèvement
Fraude
Tromperie
Offre et l'acceptation de paiements ou d’avantages pour obtenir le consentement d’une personne ayant autorité sur une autre
Fins d’exploitation:
Exploitation de la prostitution d’autrui ou d’autres formes d’exploitation sexuelle,
Formes de la Traite:
Transnationale

Parcours procédural du dossier

Le Système Juridique:
Droit Civil
Dernière Cour:
Tribunal de première instance
Type de Action Juridique:
Criminel

The Defendant was previously sentenced ten times (from 1999 to 2005), mainly found guilty of offences against property. He was a notorious offender with heavy criminal record.

Victime / Demandeurs de la première instance

Victime:
A.K.
Sexe:
Féminin
Nationalité:
Polonais
Victime:
M.S.
Sexe:
Féminin
Nationalité:
Polonais

Défendeurs / Répondants de la première instance

Défendeur:
P.Z.
Sexe:
Masculin
Nationalité:
Polonais
né:
1963

Résumé des faits

Victims were transported from Chełm to the hotel in Zgorzelec (next to the border with Germany), where they were subjected to multiple rape. They were then told that they would be transferred to Germany. When the victims started to object, the Defendant took their documents and closed them in a room watched by A.K. Victims didn't receive food, rarely some leftovers. Finally on 24 April 1999, they were transported to Germany and separated in order to be sexually exploited without receiving any financial remuneration. This was practised on a daily basis.

Frais/Réclamations/Décisions

Défendeur:
P.Z.
Verdict:
Guilty
Charge/Réclamation:
Enticement or abduction of another person with the aim of having him/her engage in prostitution abroad
Législation/Code:

Article 204 par. 4 in connection with article 91 of Criminal Code

Verdict:
Guilty
Charge/Réclamation:
Human trafficking
Législation/Code:

Article 253 par 1 of Criminal Code:

Whoever conducts white slavery (trade in humans) even with their consent

shall be subject to the penalty of deprivation of liberty for a minimum term of  3 years.

Durée de l'Emprisonnement:
3 ans
Dommages-intérêts à la victime:
No     
Amende/Paiement à l'Etat:
Oui  5000  PLN  (Up to 10,000 USD)  
Raisonnement Juridique:

The Defendant denied all accusations and said that he knew only A.K., whereas M.S. was unknown to him. Moreover he sustained that he was totally unaware of the daily removals.

The Court rejected his explanations since they were contradictory to the consistent and compatible testimonies of other witnesses and both victims. The Court did not manage to find any reason to call in question victims' testimonies. A.K. And M.S. have no difficulties as for the recognition of the Defendant.

The Court stated that the Defendant, by promising the work of waitress in one of the bars in Zgorzelec, has insidiously lured  M.S. and A.K. to come to Zgorzelec. Consequently, he has handed them on to the Polish clients for 4000 Deutch Marks, then they were transported to Germany to be forced to the prostitution, with no pay. Therefore, the Defendant was found guilty of enticing the victims to go abroad in order to become prostitutes as well as of the crime of human trafficking. The Court stated that since the Defendant was receiving 4000DM for each of women, it was obvious that they “have become a subject” of commercial transaction between P.Z. and man from Zgorzelec, thus the crime of the human trafficking has undoubtedly taken place. The Defendant, acting with ulterior motives, showed a total disrespect towards basic values such as morality, liberty and human dignity. What is more he had a multiple criminal record.

When setting the fine amount, the Court took into consideration the financial benefits of the criminal activity as well as material and personal situation, and earning opportunities.

The offences of multiple rape and illegal detention where investigated and prosecuted in a separate procedure, conducted by the Prosecutor from Jelenia Góra.

Décision rendue en appel:
Upheld

The District Court judgment was appealed by the Prosecutor from Chełm who claimed the glaring clemency as for the penalty of imprisonment, the imprisonment for 8 years was requested.

The Appellate Court found the appeal as manifestly ill-founded. Finally, P.Z. was sentenced in a joint judgement, for 5 years of imprisonment and a fine of 280 PLN.

Source/Citation

Judgement of the District Court in Lublin (Poland) dated March 3, 2008, Case No. IV K 414/06 (unpublished);

Judgement of the Appellate Court in Lublin (Poland) dated August 8, 2008, (unpublished).