Судебная базы данных

Торговля людьми

114/1372/2006

Краткое изложение обстоятельств дела

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.

Дата вынесения приговора:
2010-06-24
Автор:
White & Case LLP

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

Ключевые слова

Действия:
Вербовка
Перевозка
Передача
Средства:
Угроза применения или применение силы или иных форм принуждения
Похищение
Злоупотребление властью или уязвимостью положения
Цель эксплуатации:
Эксплуатация проституции других лиц или другие формы сексуальной эксплуатации
Подневольное состояние
Форма торговли:
Внутренняя
Сектор, в котором осуществляется экслуатация:
Сексуальная эксплуатация в коммерческих целях

Комплексные вопросы

Ответственность

... За

• Совершенное преступление

... основанная на

• Преступный умысел

... влечет

• Основной(ые) правонарушитель(ли)

Совершение правонарушения

Участвующие страны

Румыния

Информация процедурного характера

Правовая система:
Гражданское право
Последнее решение суда:
Верховный суд
Вид разбирательства:
Уголовный

 

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.



 
 

Потерпевшие / Истцы в первой инстанции

Потерпевший:
P.A.I.
Пол:
Ребенок
Возраст:
15
Потерпевший:
F.A.M.
Пол:
Лицо женского пола
Потерпевший:
C.M.L.
Пол:
Лицо женского пола
Потерпевший:
C.M.T.
Пол:
Лицо женского пола
Потерпевший:
S.
Пол:
Лицо женского пола
Потерпевший:
G.
Пол:
Лицо женского пола

Обвиняемые/ответчики

Обвиняемый:
B.A.R.
Пол:
Лицо мужского пола
Правовые основания:

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.

Обвиняемый:
S.F.
Пол:
Лицо мужского пола
Правовые основания:

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.

Обвиняемый:
B.R.
Пол:
Лицо мужского пола
Правовые основания:

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.

Обвиняемый:
I.M.
Пол:
Лицо мужского пола
Правовые основания:

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.

Обвинения / Иски / Решения

Обвиняемый:
B.A.R.
Законодательство/статус/код:

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.

Подробная информация о пунктах обвинения:
Human Trafficking
Приговор:
Guilty
Срок лишения свободы:
12 лет
Компенсация / Выплата потерпевшим:
Да  (Up to 10,000 USD)
Amount to be paid jointly with B.R. and I.M.
Штраф/выплата государству:
Да  (Up to 10,000 USD) The sums represent judiciary expenses
Решение апелляционного суда:
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.

Обвиняемый:
S.F.
Законодательство/статус/код:

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

Подробная информация о пунктах обвинения:
Human Trafficking
Приговор:
Guilty
Срок лишения свободы:
12 лет
Компенсация / Выплата потерпевшим:
Да  (Up to 10,000 USD)
Штраф/выплата государству:
Да  (Up to 10,000 USD) The sums represent judiciary expenses
Решение апелляционного суда:
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.

Обвиняемый:
B.R.
Законодательство/статус/код:

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

Подробная информация о пунктах обвинения:
Human Trafficking
Приговор:
Guilty
Срок лишения свободы:
11 лет
Компенсация / Выплата потерпевшим:
Да  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and I.M.
Штраф/выплата государству:
Да  (Up to 10,000 USD) The sums represent judiciary expenses.
Решение апелляционного суда:
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.

Обвиняемый:
I.M.
Законодательство/статус/код:

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

Подробная информация о пунктах обвинения:
Human Trafficking
Приговор:
Guilty
Срок лишения свободы:
10 лет
Компенсация / Выплата потерпевшим:
Да  (Up to 10,000 USD)
Amount to be paid jointly with B.A.R. and B.R.
Штраф/выплата государству:
Да  (Up to 10,000 USD) The sums represent judiciary expenses
Решение апелляционного суда:
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.

Суд

Supreme Court of Justice

Источники/ссылки