Base de données Jurisprudence

Traite des personnes

114/1372/2006

Résumé des faits

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.

Date de la peine:
2010-06-24
Auteur:
White & Case LLP

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

Mots-clefs

Actes:
Recrutement
Transport
Transfert
Moyens:
Menace de recours ou le recours à la force ou à d'autres formes de contrainte
Enlèvement
Abus d’autorité ou d’une situation de vulnérabilité
Fins d’exploitation:
Exploitation de la prostitution d’autrui ou d’autres formes d’exploitation sexuelle,
Servitude
Formes de la Traite:
National
Secteur dans lequel l'exploitation a lieu:
Exploitation sexuelle commerciale

Questions transversales

Responsabilité

Responsabilité pour

• Infraction consommée

Responsabilité fondée sur

• Intention criminelle

Responsabilité impliquant

• Auteur principal (d’une infraction)

Commission d’une infraction

Pays concernés

Roumanie

Informations sur la procédure

Système juridique:
Droit civil
Décision judiciaire la plus récente:
Cour suprême
Type d'Action Juridique:
Criminel / pénal

 

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.



 
 

Victime / Demandeurs de la première instance

Victime:
P.A.I.
Sexe:
Enfant
Ancienneté:
15
Victime:
F.A.M.
Sexe:
Femme
Victime:
C.M.L.
Sexe:
Femme
Victime:
C.M.T.
Sexe:
Femme
Victime:
S.
Sexe:
Femme
Victime:
G.
Sexe:
Femme

Défendeurs / Répondants de la première instance

Prévenu:
B.A.R.
Sexe:
Homme
Raisonnement juridique:

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.

Prévenu:
S.F.
Sexe:
Homme
Raisonnement juridique:

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.

Prévenu:
B.R.
Sexe:
Homme
Raisonnement juridique:

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.

Prévenu:
I.M.
Sexe:
Homme
Raisonnement juridique:

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.

Accusations / Demandes d’indemnité / Décisions

Prévenu:
B.A.R.
Législation/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.

Détails de charges:
Human Trafficking
Verdict:
Guilty
Peine de prison:
12 ans
Indemnisation des victimes:
Oui  (Up to 10,000 USD)
Amount to be paid jointly with B.R. and I.M.
Amende / Paiement à l’État:
Oui  (Up to 10,000 USD) The sums represent judiciary expenses
Décision rendue en appel:
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.

Prévenu:
S.F.
Législation/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

Détails de charges:
Human Trafficking
Verdict:
Guilty
Peine de prison:
12 ans
Indemnisation des victimes:
Oui  (Up to 10,000 USD)
Amende / Paiement à l’État:
Oui  (Up to 10,000 USD) The sums represent judiciary expenses
Décision rendue en appel:
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.

Prévenu:
B.R.
Législation/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

Détails de charges:
Human Trafficking
Verdict:
Guilty
Peine de prison:
11 ans
Indemnisation des victimes:
Oui  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and I.M.
Amende / Paiement à l’État:
Oui  (Up to 10,000 USD) The sums represent judiciary expenses.
Décision rendue en appel:
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.

Prévenu:
I.M.
Législation/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

Détails de charges:
Human Trafficking
Verdict:
Guilty
Peine de prison:
10 ans
Indemnisation des victimes:
Oui  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and B.R.
Amende / Paiement à l’État:
Oui  (Up to 10,000 USD) The sums represent judiciary expenses
Décision rendue en appel:
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