Publicat în: Revista Pro Lege nr. 2/2021

Disponibil onlineaici

Cuvinte-cheie: ființa umană tratată ca un obiect, violarea libertății și a demnității umane, muncă forțată, sclavie, înrobire, prostituție, ineficacitatea consimțământului de a fi exploatat.

Theoretical and practical aspects of trafficking in human beings for the purpose of economic and sexual exploitation, by forcing the victim into prostitution

Abstract: Trafficking in human beings, in its very nature and the purpose of exploitation, is based on the exercise of the attributes of property rights – human beings being treated as commodities for sale and purchase. The social value protected by the criminalization of this crime is, therefore, the freedom and dignity of the person. According to the court of constitutional control, the unit of passive subject can no longer be considered as a condition of the continued crime, even in the case of the crimes against the individual. Consequently, the recruitment by using similar means, at different time intervals, of several injured persons, for the purpose of exploitation, leads to the retention of the crime of human trafficking in continued form, if the factual context highlights the union of criminal resolution, the repetition of criminal intent being determined by circumstances external to the offender, which favors him to commit the crime. Decision no. 49/2007 (Appeal in the interest of the law) of the High Court of Cassation and Justice keeps its applicability. Forced labor is one of exploitation forms covered by the definition of trafficking in human beings, which highlights the intrinsic relationship between them. If an employer abuses his power or takes advantage of the vulnerable situation of his workers in order to exploit them, they do not offer their work voluntarily. The legal aged victim’s consent to be exploited cannot be considered valid, as long as the recruitment for the purpose of exploitation was carried out by the means provided by art. 210 para. (1) of the Criminal Code. In the case of recruitment for exploitation by forcing the practice of prostitution, followed by obtaining patrimonial benefits from the practice of prostitution by the injured person, the typical elements of the crime of human trafficking are only met and not those of the crime of pimping, as the two indictment rules contain elements that are in opposition, which are excluded.

Keywords: human being treated as an object, violation of freedom and human dignity, forced labor, slavery, enslavement, prostitution, inefficiency of consent to exploitation.