Trafficking in persons

114/1372/2006

UNODC No.:
ROU011

Fact Summary

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.

Sentence Date:
2010-06-24
Author:
White & Case LLP

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

Keywords

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

Cross Cutting

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Application of the Convention

Involved Countries

Romania

Procedural Information

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

 

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.



 
 

Victims / Plaintiffs in the first instance

Victim:
P.A.I.
Gender:
Child
Age:
15
Victim:
F.A.M.
Gender:
Female
Victim:
C.M.L.
Gender:
Female
Victim:
C.M.T.
Gender:
Female
Victim:
S.
Gender:
Female
Victim:
G.
Gender:
Female

Defendants / Respondents in the first instance

Defendant:
B.A.R.
Gender:
Male
Legal Reasoning:

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.

Defendant:
S.F.
Gender:
Male
Legal Reasoning:

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.

Defendant:
B.R.
Gender:
Male
Legal Reasoning:

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.

Defendant:
I.M.
Gender:
Male
Legal Reasoning:

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.

Charges / Claims / Decisions

Defendant:
B.A.R.
Verdict:
Guilty
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:

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.

Term of Imprisonment:
12 years
Compensation / Payment to Victim:
Yes    RON 5,000  (Up to 10,000 USD)
Amount to be paid jointly with B.R. and I.M.
Fine / Payment to State:
Yes    RON 800  (Up to 10,000 USD) The sums represent judiciary expenses  
Appellate Decision:
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.

Defendant:
S.F.
Verdict:
Guilty
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:

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

Term of Imprisonment:
12 years
Compensation / Payment to Victim:
Yes    RON 5,000  (Up to 10,000 USD)
Fine / Payment to State:
Yes    RON 800  (Up to 10,000 USD) The sums represent judiciary expenses  
Appellate Decision:
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.

Defendant:
B.R.
Verdict:
Guilty
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:

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

Term of Imprisonment:
11 years
Compensation / Payment to Victim:
Yes    RON 5,000   (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and I.M.
Fine / Payment to State:
Yes    RON 800  (Up to 10,000 USD) The sums represent judiciary expenses.  
Appellate Decision:
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.

Defendant:
I.M.
Verdict:
Guilty
Charge / Claim:
Human Trafficking
Legislation / Statute / Code:

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

Term of Imprisonment:
10 years
Compensation / Payment to Victim:
Yes    RON 5,000  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and B.R.
Fine / Payment to State:
Yes    RON 800  (Up to 10,000 USD) The sums represent judiciary expenses  
Appellate Decision:
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.

Court

Supreme Court of Justice

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