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Case nº 3130/11

Argentina
UNODC No.:
ARG031
Sentence Date:
2012-07-30
Author:
United Nations Online Volunteers
Court:
Federal Criminal Oral Court Nº 2 La Plata (Tribunal Oral en lo Criminal Federal N° 2 de La Plata)

Keywords

Form of Trafficking:
Transnational
Means:
Abuse of power or a position of vulnerability
Purpose of Exploitation:
Forced labour or services
Slavery or practices similar to slavery
Acts:
Recruitment
Receipt

Procedural Information

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

1st Instance:

Tribunal Oral en lo Criminal Federal Nº 2 La Plata

La Plata

July 30 2012

Reference:  Case Nº 3130/11


 
 

Victims / Plaintiffs in the first instance

Victim:
L.C.S.
Gender:
Child
Nationality:
Bolivian
Age:
16
Born:
1994

Defendants / Respondents in the first instance

Defendant:
J.L.B.Q.
Gender:
Male
Nationality:
Bolivian
Defendant:
M.C.T.
Gender:
Female
Nationality:
Bolivian

Fact Summary

On 7 August 2010, by an affidavit of parental consent from the Republic of Bolivia, Mr. J.C.L.V., a father of the victim, authorized her trip to the Republic of Argentina for a period of one hundred and fifty days. The victim would travel with her cousin and her boyfriend to work in the grocery store of the accused. J.L.B.Q. offered the victim the sum of fifteen hundred dollars per month as a salary for her work from 7:30 or 8:00 until noon.

Upon the arrival in the Republic of Argentina, the accused received them and transferred the victim to the house located on M. Street in Lomas de Zamora, Buenos Aires Province. The accused was given work in the local grocery shopping Av.xxxx, located in the village of Banfield. This fact was verified on 30 August 2010.

Charges / Claims / Decisions

Defendant:
J.L.B.Q.
Verdict:
Not Guilty
Legislation / Statute / Code:

Art.45 and 145 ter of the Penal Code

Compensation / Payment to Victim:
No     
Fine / Payment to State:
No       
Legal Reasoning:

The Federal Criminal Oral Court Nº 2 La Plata considered that the evidence collected during the process is not sufficient to establish the guilt of the accused. According to the testimony, it was established that the duties performed by the victim were arranging fruits and vegetables at the store during the morning. Therefore, it was not demonstrated that the functions performed by LCS are excessive, under conditions of slavery or forcefully performed.

The Prosecutor in the Court making use of the option provided in art. 37. a of the Regulatory Law 24,946, withdrew the accusation since its requirements weren’t proved. Therefore, the Court stated that under the right to due process and the principle of consistency should acquit the accused.

Additionally, the judge explained that the sentence must be commensurate to the accusation or the dismissed of the charge made by the Prosecutor. Otherwise, sentencing a conviction without charge violates the Art.120 of the Constitution.

Defendant:
M.C.T.
Verdict:
Not Guilty
Legislation / Statute / Code:

Art.45 and 145 ter of the Penal Code

Compensation / Payment to Victim:
No     
Fine / Payment to State:
No       
Legal Reasoning:

The Federal Criminal Oral Court Nº 2 La Plata considered that the evidence collected during the process is not sufficient to establish the guilt of the accused. According to the testimony, it was established that the duties performed by the victim were arranging fruits and vegetables at the store during the morning. Therefore, it was not demonstrated that the functions performed by LCS are excessive, under conditions of slavery or forcefully performed.

The Prosecutor in the Court making use of the option provided in art. 37. a of the Regulatory Law 24,946, withdrew the accusation since its requirements weren’t proved. Therefore, the Court stated that under the right to due process and the principle of consistency should acquit the accused.

Additionally, the judge explained that the sentence must be commensurate to the accusation or the dismissed of the charge made by the Prosecutor. Otherwise, sentencing a conviction without charge violates the Art.120 of the Constitution.

Sources / Citations

Judgment - Causa 3130/11

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

Attachments