قاعدة بيانات السوابق القضائية

الاتجار بالأشخاص

114/1372/2006

موجز لوقائع القضية

During August 2005 – July 2006, the defendants have recruited several young women using different methods (threat, violence, fraud), and accommodated them to one of the defendants’ house, various apartments or to a hotel. The victims were beaten and were forced to practice prostitution. Some of them were underage, while others were adults. One of the victims tried to escape but was caught after one month by one of the defendants and was beaten again and threatened with death, in order to set an example to the other women and to inspire fear to them. Among the victims who were held against their will, there were some young women which voluntarily practiced prostitution. For these women, the defendants only facilitated the conditions for practicing prostitution.

The Court has seized the following amounts from the defendants:

- RON 5,400 from B.A.R, and

- RON 400 from S.F.

تاريخ صدور الحكم:
2010-06-24
الكاتب:
White & Case LLP

This work was developed through a partnership with UNODC, Lawyers Without Borders and White & Case LLP

الكلمات الرئيسية

أفعال:
تجنيد
وسائل النقل
تحويل
وسائل:
التهديد أو استخدام القوة أوغيرها من أشكال الإجبار
الأختطاف
إساءة استخدام السلطة أو موقف الضعف
الغرض من الإستغلال:
استغلال دعارة الغير أو سائر أشكال الاستغلال الجنسي
إكراه/اسر
شكل الإتجار:
داخلى
القطاع الذى حدث به الإستغلال:
الاستغلال الجنسي التجاري

القضايا الشاملة

مسؤولية

من أجل

• الجريمة المكتملة

تعتمد على ...

• القصد الإجرامي

تشمل ...

• الجاني الرئيسي / الجناة الرئيسيون

ارتكاب الأفعال الإجرامية

البلدان المشاركة

رومانيا

المعلومات الإجرائية

النظام القانوني:
القانون المدني
الحكم القضائي الأخير:
المحكمة العليا
نوع الإجراءات:
المجرم

 

1st Instance:

Brasov Tribunal

21 November 2008

Decision no. 141

All the defendats were found guilty for human and juvenile trafficking. Some of them were found guilty for procurement, while others were acquitted for this crime, and all of them were acquitted as concerns the establishment of organized criminal group.

 

2nd Instance:

Brasov Court of Appeal

3 December 2009

Decision no. 91/AP

The appeal of the Prosecutor’s Office was upheld and the Court of Appel has convicted the defendats who were previoulsy acquitted for procurement.

 

3rd instance:

The Supreme Court of Justice

24 June 2010

Decision no. 2509

The Supreme Court of Justice maintained the decision of the Brasov Court of Appeal. The sentence was not revised.



 
 

الضحايا / المدَّعون في المحكمة الابتدائية

الضحية:
P.A.I.
نوع الجنس:
الطفل
السن:
15
الضحية:
F.A.M.
نوع الجنس:
أنثى
الضحية:
C.M.L.
نوع الجنس:
أنثى
الضحية:
C.M.T.
نوع الجنس:
أنثى
الضحية:
S.
نوع الجنس:
أنثى
الضحية:
G.
نوع الجنس:
أنثى

المدعى عليهم / المتهمون في المحكمة الابتدائية

المدعى عليه:
B.A.R.
نوع الجنس:
ذكر
الاستدلال القانوني:

During August 2005 – July 2006, the defendants have recruited several young women using different methods (threat, violence, fraud), and accommodated them to one of the defendants’ house, various apartments or to a hotel. The victims were beaten and were forced to practice prostitution. Some of them were underage, while others were adults. One of the victims tried to escape but was caught after one month by one of the defendants and was beaten again, in order to set an example to the other women and to inspire fear. Among the victims who were held against their will, there were some young women which voluntarily practiced prostitution. For these women, the defendants only facilitated the conditions for practicing prostitution.

By Decision no. 141/21 Novermber 2008, all the defendats were found guilty for human and juvenile trafficking. Some of them were found guilty for procurement, while others were acquitted for this crime, and all of them were acquitted as concerns the establishment of organized criminal group.

المدعى عليه:
S.F.
نوع الجنس:
ذكر
الاستدلال القانوني:

During August 2005 – July 2006, the defendants have recruited several young women using different methods (threat, violence, fraud), and accommodated them to one of the defendants’ house, various apartments or to a hotel. The victims were beaten and were forced to practice prostitution. Some of them were underage, while others were adults. One of the victims tried to escape but was caught after one month by one of the defendants and was beaten again, in order to set an example to the other women and to inspire fear. Among the victims who were held against their will, there were some young women which voluntarily practiced prostitution. For these women, the defendants only facilitated the conditions for practicing prostitution.

By Decision no. 141/21 Novermber 2008, all the defendats were found guilty for human and juvenile trafficking. Some of them were found guilty for procurement, while others were acquitted for this crime, and all of them were acquitted as concerns the establishment of organized criminal group.

المدعى عليه:
B.R.
نوع الجنس:
ذكر
الاستدلال القانوني:

During August 2005 – July 2006, the defendants have recruited several young women using different methods (threat, violence, fraud), and accommodated them to one of the defendants’ house, various apartments or to a hotel. The victims were beaten and were forced to practice prostitution. Some of them were underage, while others were adults. One of the victims tried to escape but was caught after one month by one of the defendants and was beaten again, in order to set an example to the other women and to inspire fear. Among the victims who were held against their will, there were some young women which voluntarily practiced prostitution. For these women, the defendants only facilitated the conditions for practicing prostitution.

By Decision no. 141/21 Novermber 2008, all the defendats were found guilty for human and juvenile trafficking. Some of them were found guilty for procurement, while others were acquitted for this crime, and all of them were acquitted as concerns the establishment of organized criminal group.

المدعى عليه:
I.M.
نوع الجنس:
ذكر
الاستدلال القانوني:

During August 2005 – July 2006, the defendants have recruited several young women using different methods (threat, violence, fraud), and accommodated them to one of the defendants’ house, various apartments or to a hotel. The victims were beaten and were forced to practice prostitution. Some of them were underage, while others were adults. One of the victims tried to escape but was caught after one month by one of the defendants and was beaten again, in order to set an example to the other women and to inspire fear. Among the victims who were held against their will, there were some young women which voluntarily practiced prostitution. For these women, the defendants only facilitated the conditions for practicing prostitution.

By Decision no. 141/21 Novermber 2008, all the defendats were found guilty for human and juvenile trafficking. Some of them were found guilty for procurement, while others were acquitted for this crime, and all of them were acquitted as concerns the establishment of organized criminal group.

الاتهامات/الادعاءات/القرارات

المدعى عليه:
B.A.R.
التشريعات / الحالة / القانون:

Articles 12 para. (1) and (2) and art. 13 para. (1), (2) and (3) of the Law no. 678/2001 on preventing and combating human trafficking and art. 41 para. (1) and (2) and art. 329 para. (1) and (3) of the Romanian Criminal Code.

تفاصيل التهم:
Human Trafficking
الحكم:
Guilty
مدة عقوبة السجن:
12 سنوات
تعويض الضحايا / المدفوعات إلى الضحايا:
أيضا  (Up to 10,000 USD)
Amount to be paid jointly with B.R. and I.M.
الغرامة / المدفوعات إلى الدولة:
أيضا  (Up to 10,000 USD) The sums represent judiciary expenses
أحكام الاستئناف:
Upheld

2nd instance:

The Brasov Court of Appeals upheld the appeal brought by the Prosecutor’ Office, and partially changed the legal qualification of the crimes committed. The defendant was also convicted for procurement. The sentence was increased from 11 years to 12 years imprisonment.

3rd instance:

The Supreme Court of Justice maintained the decision of the Brasov Court of Appeals. The sentence was not revised.

المدعى عليه:
S.F.
التشريعات / الحالة / القانون:

Articles 12 para. (1) and (2) and art. 13 para. (1), (2) and (3) of the Law no. 678/2001 on preventing and combating human trafficking and art. 41 para. (1) and (2) and art. 329 para. (1) and (2) of the Romanian Criminal Code

تفاصيل التهم:
Human Trafficking
الحكم:
Guilty
مدة عقوبة السجن:
12 سنوات
تعويض الضحايا / المدفوعات إلى الضحايا:
أيضا  (Up to 10,000 USD)
الغرامة / المدفوعات إلى الدولة:
أيضا  (Up to 10,000 USD) The sums represent judiciary expenses
أحكام الاستئناف:
Upheld

2nd instance:

The Brasov Court of Appeal upheld the appeal brought by the Prosecutor’ Office and partially changed the legal qualification of the crimes committed. The defendant was also convicted for procurement. The sentence was increased from 11 years to 12 years imprisonment.

3rd instance:

The Supreme Court of Justice maintained the decision of the Brasov Court of Appeal. The sentence was not revised.

المدعى عليه:
B.R.
التشريعات / الحالة / القانون:

Articles 12 para. (1) and (2) and art. 13 para. (1), (2) and (3) of the Law no. 678/2001 on preventing and combating human trafficking and art. 41 para. (1) and (2) and art. 329 para. (1) and (2) of the Romanian Criminal Code

تفاصيل التهم:
Human Trafficking
الحكم:
Guilty
مدة عقوبة السجن:
11 سنوات
تعويض الضحايا / المدفوعات إلى الضحايا:
أيضا  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and I.M.
الغرامة / المدفوعات إلى الدولة:
أيضا  (Up to 10,000 USD) The sums represent judiciary expenses.
أحكام الاستئناف:
Upheld

2nd instance:

The Brasov Court of Appeal upheld the appeal brought by the Prosecutor’ Office, and partially changed the legal qualification of the crimes committed. The defendant was also convicted for procurement. The sentence was increased from 10 years to 11 years imprisonment.

3rd instance:

The Supreme Court of Justice maintained the decision of the Brasov Court of Appeal. The sentence was not revised.

المدعى عليه:
I.M.
التشريعات / الحالة / القانون:

Articles 12 para. (1) and (2) and art. 13 para. (1), (2) and (3) of the Law no. 678/2001 on preventing and combating human trafficking and art. 41 para. (1) and (2) and art. 329 para. (1) and (2) of the Romanian Criminal Code

تفاصيل التهم:
Human Trafficking
الحكم:
Guilty
مدة عقوبة السجن:
10 سنوات
تعويض الضحايا / المدفوعات إلى الضحايا:
أيضا  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and B.R.
الغرامة / المدفوعات إلى الدولة:
أيضا  (Up to 10,000 USD) The sums represent judiciary expenses
أحكام الاستئناف:
Upheld

2nd instance:

The Brasov Court of Appeal upheld the appeal brought by the Prosecutor’ Office, and partially changed the legal qualification of the crimes committed. The defendant was also convicted for procurement. The sentence was increased from 8 years to 10 years imprisonment.

3rd instance:

The Supreme Court of Justice maintained the decision of the Brasov Court of Appeal. The sentence was not revised.

المحكمة

Supreme Court of Justice

المصادر / الاقتباسات