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Sentencia No 17/11

UNODC No.:
ARG012
Decision/Verdict Date:
2011-04-29
Sentence Date:
2011-04-29
Author:
UNODC
Court:
Tribunal Oral en lo Criminal y Correccional Federal de Santa Fe [Oral Criminal and Correctional Federal Court of Santa Fe]

Keywords

Form of Trafficking:
Internal
Means:
Threat or use of force or other forms of coercion
Abduction
Deception
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Sector in which exploitation takes place:
Commercial sexual exploitation
Acts:
Transfer
Harbouring
Receipt

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal

1st Instance

Court: Tribunal Oral en lo Criminal y Correccional Federal de Santa Fe [Oral Criminal and Correctional Federal Court of Santa Fe]

Location: Santa Fe, Argentina

Date of decision: April 29, 2011

Victims / Plaintiffs in the first instance

Victim:
VNR
Gender:
Female
Victim:
CF
Gender:
Child
Age:
13

Defendants / Respondents in the first instance

Defendant:
JRR
Gender:
Male

Fact Summary

In Sentence No. 35/09 the court issued an arrest warrant for the defendant, JRR, aka “Pollo”. JRR received and transported CF to the nightclub coerced her so she would work for him as a prostitute, by threatening to her that he would harm her family if she did not accede to his demands. The defendant in Sentence No. 35/09 took the recruited victim VNR and took her walking to the vehicle where JRR introduced himself as her future employer. They got in the vehicle and drove to a house situated in Aristobulo del Valle, where JRR told the victim that she would in reality work with prostitutes. Afterwards, they both travelled to another location in another city. JRR sexually abused VNR and told her that if she didn’t obey him he would hurt her daughter. The next day a person warned JRR that the police were in the area doing investigation and so JRR transferred VNR to another location by the beach.  Furthermore, He also told her that she needed to do this because he had already spent money on expenses and that she should be his. JRR took her to a nightclub called “Mimo” and JRR told VNR to sent a text message to the person known as “Turca” who in reality was CF. In the nightclub JRR sexually exploited CF.

Additional detailed facts may be found under Sentencia 35/09.

Charges / Claims / Decisions

Defendant:
JRR
Verdict:
Guilty
Charge / Claim:
Trafficking in Persons of Minors less than Eighteen years of age, aggravated
Legislation / Statute / Code:

Article 145 ter, inc. 1 of the Penal Code with relation to CF

Verdict:
Guilty
Charge / Claim:
Trafficking in Persons older than eighteen years of age
Legislation / Statute / Code:

Article 145 bis of the Penal Code, with relation to VNR

Term of Imprisonment:
17 years
Fine / Payment to State:
Yes  69  pesos  (Up to 10,000 USD) As the filing fee plus the costs of the proceeding. The court also ordered that it be paid within five days or else receive a penalty of fifty percent of the value if it is not done within the required time. 
Legal Reasoning:

The court revoked the conditional liberty that would have been granted by the Court of Criminal Enforcement on May 27, 2008. It connected the prison sentence of seven years for the equal amount of time as the Court of Criminal Judgment had ordered in Sentence No. 2 of Santa Fe on February 15, 2007, concluding with a total prison sentence time of seventeen years of imprisonment.

Sources / Citations

Judgment - Sentencia_1711

Database of UFASE (Unidad Fiscal de Asistencia en Secuestros Extorsivos y Trata de Personas), Ministerio Publico Fiscal, Republica Argentina

Attachments