III K 114/08
Víctima / Demandantes de primera instancia
Acusado / Demandado de primera instancia
resumen de los hechos
From 2004 to 2005, M.M. was a victim of human trafficking. In October 2004, she met three men (M.G., Z.O., G.B.) who encouraged her to go with them to Sweden and work there as a prostitute. They guaranteed that she would be able to keep all the money earned for herself.
M.M. worked as a prostitute in Sweden, Norway and Denmark. Her money earned was always in the possession of the above mentioned men. Finally, all three men were arrested. M.M., after having testified as a victim of human trafficking, came back to Poland. Her testimony was incriminatory for M.G., Z.O. and G.B.
In 2006, D.G., after serving his punishment, returned to Poland. He met with M.M. and assured her that he had changed. At the same time he encouraged her to return with him to Sweden or Norway. He also proposed that she should find other women who would like to work as prostitutes. M.M. met with E.C. and offered her a trip to Sweden. M.M. guarantied her that she could keep all the money earned. E.C. was aware that she would work as a prostitute, but M.M. concealed from her how she had been treated in years 2004-2005, i.e. by D.G.
In the fall of 2006, M.M. and E.C. left to Norway. Their trip was financed by D.G. E.C. immediately started to work as a prostitute. D.G. and M.M. kept all her money for drugs for both of them. The victim was held in a flat rented by D.G. She was only allowed to contact D.G., M.M. and her clients. She was browbeaten and subjected to physical and psychological violence. D.G. beat her twice. She often starved, but she never asked for food because of her fear of D.G. M.M. Both offenders permanently induced E.C. to prostitute.
After some period of time, D.G. and M.M. left and “passed" E.C. to a man called Husajn E.C. worked under his supervision. Finally, he allowed her to come back to Poland. At the same time, D.G. and M.M. left to Denmark where M.M. was prostituting to gain money for drugs for both of them. After some time, they both moved to Sweden where they met with G.B. (mentioned above). G.B. demanded that M.M. change the incriminating statements concerning facts form the years 2004-2005 as another criminal proceeding against him had already been in progress in Poland. M.M. claimed that she was beaten by G.B. and this, along with threats of killing her and her family, made her change her previous statements. M.M. went back to Poland and on 7 September 2007 she gave her testimony claiming that she didn’t know G.B. and in years 2004-2006 she had been prostituting of her own free will since she needed money to buy drugs only for herself. In comparison with other pieces of evidence, her statement was found untrue.
Article 204 par. 4 with article 91 of Criminal 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.
Article 233 par. 1 of Criminal Code:
Whoever, in giving testimony which is to serve as evidence in court proceedings or other proceedings conducted on the basis of a law, gives false testimony or conceals the truth shall be subject to the penalty of deprivation of liberty for up to 3 years.
In the judgement delivered on 12 February 2009, the District Court in Krakow found M.M. guilty of human trafficking. She had been acting jointly with D.G. (materials concerning D.G. were excluded to the separate proceedings). The Defendant was also found guilty of perjury. In years 2004-2005 she was a victim of human trafficking herself and when she testified in her oppressor’s trial, she denied being a victim and ever knowing the offender. M.M. pleaded guilty to all charges, mainly to human trafficking and to perjury, she also showed repentance and she reconciled with the victim. For the first crime she was sentenced to 2 years of imprisonment and for the second offence she was sentenced to 6 months of imprisonment. The combined punishment came to 2 years of imprisonment. The execution of punishment has been suspended for 5 years and the curator for the condemned person has been established. Since the prosecutor’s requests were satisfied and the defendant pleaded guilty, there was no appeal. The verdict of first instance court is binding.
In the course of trial, soundness of the defendant’s mind became a subject of consideration since she had been a drug addict. Two court's experts gave their testimony, but they agreed that M.M. was of sound mind when committing a crime.
Judgement of the District Court in Kraków (Poland) dated 12 February 2009, Case No. III K 114/08 (unpublished)