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In the course of and , using force, threat, deceit, abuse of the relationship of dependence and the difficult circumstances of another, the accused had in Pancevo recruited, transported and handed over the injured party, with a view to obtaining financial gain and her engaging in prostitution. He did so by lending her money to buy the drug 'heroin' and thus bringing her into dependency, recruited her and persuaded her to engage in prostitution for him in Italy, in order to pay back the debt. Despite serious threats e. The injured party was a heroin addict which the defense used as an argument to challenge her moral integrity. Interestingly, the Court assessed the mitigating circumstances that the accused was married, a family man, unemployed and not previously sentenced for the same criminal act summarily as exceptionally mitigating circumstances and therefore pronounced the accused a sentence below the legally stipulated minimum. This option has been frequent in the judicial practice in deciding on punishment in the procedures related to the criminal act of trafficking in human beings. It is only since August with the changes in the criminal legislation of Serbia that the criminal act of trafficking in human beings was placed into the group of criminal acts for which sentences below the legal minimum cannot be pronounced. On the basis of the legal assessment of the established facts, the Court concluded that the activities of the accused contain all the relevant elements that constitute the substance of the criminal act of trafficking in human beings Art. I Criminal Code of the Republic of Serbia, and therefore pronounced him guilty in absence of circumstances that would exclude his criminal responsibility. Namely, the accused has perpetrated through alternating the stated activities — by force and threat, deceit, abuse of the relationship of dependency and the difficult circumstances of another, recruitment - transported and handed over the injured party, with a view to prostitution and obtaining financial gain for himself. The passive subject was a female of age and the accused acted with direct premeditation. The Court found there is only one criminal act, irrespective of the fact that more activities had been taken against the same passive subject. The accused defended himself stating that the injured party was a heroin addict and that she herself wanted to engage in prostitution in order to make money to buy drugs, and that he had lent her the money and had only wanted her to repay her debt. The Court did not accept the defense of the accused in this act, having concluded that the accused knew of the difficult situation she was in. Consequently, he had used her difficult life situation and the dependency to obtain financial gain for himself, by organising several trips of the injured party to Italy for prostitution, concluding that his motive were of lucrative and not humanistic nature. In deciding on the type and amount of criminal sanctions, the Court assessed social theat of the executed criminal act. The mitigating circumstances the Court took is that he is married, a family man, with no permanent employment, of impaired health and that until perpetrating this criminal act he had never repeated or perpetrated any other criminal act. Still, the opinion of the Court was that the lack of previous criminal record is not a circumstance that would prevent the Court from pronouncing a prison sentence shorter than the legally prescribed minimum, because all the afore mitigating circumstances summarily constitute a particularly mitigating circumstance indicating that the aim of punishment can be achieved even through a more lenient punishment. Краткое изложение обстоятельств дела In the course of and , using force, threat, deceit, abuse of the relationship of dependence and the difficult circumstances of another, the accused had in Pancevo recruited, transported and handed over the injured party, with a view to obtaining financial gain and her engaging in prostitution. Комментарий и существенные особенности. Ключевые слова Действия:. Угроза применения или применение силы или иных форм принуждения. Злоупотребление властью или уязвимостью положения. Предоставление или принятие платежей или выгод для получения согласия лица, контролирующего другое лицо. Эксплуатация проституции других лиц или другие формы сексуальной эксплуатации. Сексуальная эксплуатация в коммерческих целях. Комплексные вопросы Ответственность Информация процедурного характера Правовая система:.

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