DIFFERENT FORMS OF COMPENSATION AVAILABLE FOR DAMAGES CAUSED TO THE VICTIMS OF HUMAN TRAFFICKING Law no. 678/2001, establishes special provisions regarding the judicial proceedings, with respect to investigating crimes of human trafficking, in two phases: the prosecution and trial. The reason for establishing these special provisions has its
foundation in the nature of the crime of human trafficking who has acquired a boundary character, against which conventional means and methods have become insufficient. The issue we address in our efforts refers to the situation of the victims
of human trafficking and how to repair the moral and material damage suffered by the victims of this type of crime. The situation appears more complex as the victim may suffer physical and psychological trauma which cannot be medically treated.
However, we are witnessing another phenomenon that brings in discussion the provisions of the Law no. 678/2001, which removes the criminal responsibility of the persons who were victims of the human trafficking. Thus, although in some cases it is
obvious that it is about no victim, being in fact the case of prostitution or begging crimes, Romanian courts are reluctant to declare that status quo, which although obvious doesn’t lead to punishing the mentioned crimes.
MODALITĂŢI DE REPARARE A PREJUDICULUI CAUZAT VICTIMELOR TRAFICULUI DE PERSOANE.

CURENTUL JURIDIC

Volum IX | Număr 3 | Publicat la 14/09/2011 | ISSN  1224-9173 | eISSN  2247-8361

Autori:
Ioan LAZĂR
Rezumat
Law no. 678/2001, establishes special provisions regarding the judicial proceedings, with respect to investigating crimes of human trafficking, in two phases: the prosecution and trial. The reason for establishing these special provisions has its
foundation in the nature of the crime of human trafficking who has acquired a boundary character, against which conventional means and methods have become insufficient. The issue we address in our efforts refers to the situation of the victims
of human trafficking and how to repair the moral and material damage suffered by the victims of this type of crime. The situation appears more complex as the victim may suffer physical and psychological trauma which cannot be medically treated.
However, we are witnessing another phenomenon that brings in discussion the provisions of the Law no. 678/2001, which removes the criminal responsibility of the persons who were victims of the human trafficking. Thus, although in some cases it is
obvious that it is about no victim, being in fact the case of prostitution or begging crimes, Romanian courts are reluctant to declare that status quo, which although obvious doesn’t lead to punishing the mentioned crimes.
Cuvinte cheie:
human trafficking, victim, moral damage, material damage, crime, traumas, appropriate compensation, remedies.
©   UEFISCDI 2010
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