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IV K 414/06

Poland
UNODC No.:
POL012
Decision/Verdict Date:
2008-03-03
Sentence Date:
2008-12-08
Author:
Jagiellonian University, International Humanitarian Law and Human Rights Centre
Court:
the District Court of Lublin

Keywords

Sector in which exploitation takes place:
Commercial sexual exploitation
Purpose of Exploitation:
Exploitation of the prostitution of others or other forms of sexual exploitation
Acts:
Recruitment
Transportation
Transfer
Harbouring
Means:
Abduction
Fraud
Deception
Giving or receiving payments or benefits to achieve the consent of a person having control over another person
Form of Trafficking:
Transnational

Procedural Information

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

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.

Victims / Plaintiffs in the first instance

Victim:
A.K.
Gender:
Female
Nationality:
Pole
Victim:
M.S.
Gender:
Female
Nationality:
Pole

Defendants / Respondents in the first instance

Defendant:
P.Z.
Gender:
Male
Nationality:
Pole
Born:
1963

Fact Summary

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.

Charges / Claims / Decisions

Defendant:
P.Z.
Verdict:
Guilty
Charge / Claim:
Enticement or abduction of another person with the aim of having him/her engage in prostitution abroad
Legislation / Statute / Code:

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

Verdict:
Guilty
Charge / Claim:
Human trafficking
Legislation / Statute / 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.

Term of Imprisonment:
3 years
Compensation / Payment to Victim:
No     
Fine / Payment to State:
Yes  5000  PLN  (Up to 10,000 USD)  
Legal Reasoning:

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.

Appellate Decision:
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.

Sources / Citations

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).