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Causa nº 3352/11

Argentina
UNODC No.:
ARG033
Sentence Date:
2012-09-28
Author:
United Nations Online Volunteers
Court:
Apellate Court of La Plata (Corte de Apelacion de La Plata)

Keywords

Acts:
Harbouring
Receipt
Form of Trafficking:
Transnational
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Sector in which exploitation takes place:
Hotel/Restaurant/Bar
Means:
Abuse of power or a position of vulnerability

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal
 

2nd Instance:

La Plata, Argentina

09/28/2012



 
 

Victims / Plaintiffs in the first instance

Victim:
Several women

Defendants / Respondents in the first instance

Defendant:
J. M. I.
Gender:
Male
Defendant:
O. E. I.
Gender:
Male
Nationality:
Argentine
Defendant:
W. R. P. L.
Gender:
Male
Nationality:
Uruguayan
Defendant:
P. F. B.
Gender:
Male
Nationality:
Argentine

Fact Summary

This case was settled in the city of La Plata, Republic of Argentina. Four men were accused of facilitation and exploitation of the prostitution of others as a result of a raid carried out in the local night known V. on December 18, 2009. Many working women were found on the site, of all the victims were older of Paraguayan and Dominican nationality.

According to the testimonies of the victims, there had been no recruitment, transportation, transfer or reception. All the victims testified that they worked  at the bar voluntary to practice prostitution.

After having analyzed the victims' testimonies, the Tribunal concluded to acquit all defendants. It became evident that all victims were in full exercise of their freedom for the practice of prostitution.

None of the defendants had organized or financed trips for the victims. The victims decided to go to Argentina to work as prostitutes to have a better life. There was no deception or fraud and none of the victims had been in a position of vulnerability.


Charges / Claims / Decisions

Defendant:
J. M. I.
Verdict:
Not Guilty
Legislation / Statute / Code:

Article 145 bis paragraphs 2 ° and 3 ° contest ideal with the crime of sexual exploitation facilitation employed, under the terms of article 126 of the criminal code.

Crime of trafficking in persons, provided for and punished in article 145 bis. code Penal., in the form of placement of persons older than 18 years of age, advantage of a position of vulnerability for the purpose of sexual exploitation.

Defendant:
O. E. I.
Verdict:
Not Guilty
Legislation / Statute / Code:

Article 145 bis paragraphs 2 ° and 3 ° contest ideal with the crime of sexual exploitation facilitation employed, under the terms of article 126 of the criminal code.

Crime of trafficking in persons, provided for and punished in article 145 bis. code Penal., in the form of placement of persons older than 18 years of age, advantage of a position of vulnerability for the purpose of sexual exploitation.

Defendant:
W. R. P. L.
Verdict:
Not Guilty
Legislation / Statute / Code:

Article 145 bis paragraphs 2 ° and 3 ° contest ideal with the crime of sexual exploitation facilitation employed, under the terms of article 126 of the criminal code.

Crime of trafficking in persons, provided for and punished in article 145 bis. code Penal., in the form of placement of persons older than 18 years of age, advantage of a position of vulnerability for the purpose of sexual exploitation.

Defendant:
P. F. B.
Verdict:
Not Guilty
Legislation / Statute / Code:

Article 145 bis paragraphs 2 ° and 3 ° contest ideal with the crime of sexual exploitation facilitation employed, under the terms of article 126 of the criminal code.

Crime of trafficking in persons, provided for and punished in article 145 bis. code Penal., in the form of placement of persons older than 18 years of age, advantage of a position of vulnerability for the purpose of sexual exploitation.

Sources / Citations

Judgment - Causa nº 3352/11

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

Attachments