Base de datos de jurisprudencia

Trata de personas

114/1372/2006

Resumen de los hechos

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.

Fecha de la Sentencia:
2010-06-24
Autor:
White & Case LLP

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

Palabras clave

Hechos:
Reclutamiento
Transporte
Translado
Medio:
Amenaza o al uso de la fuerza u otras formas de coacción
Rapto
Abuso de poder o de una situación de vulnerabilidad
Fines de explotación:
Explotación de la prostitución ajena u otras formas de explotación sexual
Servidumbre
Forma de la Trata:
Nacional
Sector en el que la explotación se lleva a cabo:
Explotación sexual comercial

Cuestiones transversales

Responsabilidad

Responsabilidad por

• Delito consumado

Base de responsabilidad

• Intención dolosa

Responsabilidad implica

• Delincuentes principales

Delincuente/Delito

Países interesados

Rumania

Información sobre el procedimiento

Sistema jurídico:
Derecho continental
Última sentencia judicial:
Tribunal Supremo
Tipo de Proceso:
Penal

 

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.



 
 

Víctima / Demandantes de primera instancia

Víctima:
P.A.I.
Sexo:
Niño
Edad:
15
Víctima:
F.A.M.
Sexo:
Mujer
Víctima:
C.M.L.
Sexo:
Mujer
Víctima:
C.M.T.
Sexo:
Mujer
Víctima:
S.
Sexo:
Mujer
Víctima:
G.
Sexo:
Mujer

Acusado / Demandado de primera instancia

Acusado:
B.A.R.
Sexo:
Hombre
Razonamiento jurídico:

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.

Acusado:
S.F.
Sexo:
Hombre
Razonamiento jurídico:

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.

Acusado:
B.R.
Sexo:
Hombre
Razonamiento jurídico:

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.

Acusado:
I.M.
Sexo:
Hombre
Razonamiento jurídico:

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.

Cargos/Acusaciones/Decisiones

Acusado:
B.A.R.
Legislación/Código:

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.

Detalles de cargos:
Human Trafficking
Veredicto:
Guilty
Pena de prisión:
12 años
Indemnización/Pago a la víctima:
Sí  (Up to 10,000 USD)
Amount to be paid jointly with B.R. and I.M.
Multa/Pago al Estado:
Sí  (Up to 10,000 USD) The sums represent judiciary expenses
Fallo del tribunal de apelación:
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.

Acusado:
S.F.
Legislación/Código:

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

Detalles de cargos:
Human Trafficking
Veredicto:
Guilty
Pena de prisión:
12 años
Indemnización/Pago a la víctima:
Sí  (Up to 10,000 USD)
Multa/Pago al Estado:
Sí  (Up to 10,000 USD) The sums represent judiciary expenses
Fallo del tribunal de apelación:
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.

Acusado:
B.R.
Legislación/Código:

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

Detalles de cargos:
Human Trafficking
Veredicto:
Guilty
Pena de prisión:
11 años
Indemnización/Pago a la víctima:
Sí  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and I.M.
Multa/Pago al Estado:
Sí  (Up to 10,000 USD) The sums represent judiciary expenses.
Fallo del tribunal de apelación:
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.

Acusado:
I.M.
Legislación/Código:

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

Detalles de cargos:
Human Trafficking
Veredicto:
Guilty
Pena de prisión:
10 años
Indemnización/Pago a la víctima:
Sí  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and B.R.
Multa/Pago al Estado:
Sí  (Up to 10,000 USD) The sums represent judiciary expenses
Fallo del tribunal de apelación:
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.

Tribunal

Supreme Court of Justice