Unchained, Yet Prosecuted - Victims of Human Trafficking as
Subjects of Criminal Liablity

p 2023

Unchained, Yet Prosecuted - Victims of Human Trafficking as Subjects of Criminal Liablity

ČEP, David a Jan PROVAZNÍK

Základní údaje

Originální název

Unchained, Yet Prosecuted - Victims of Human Trafficking as Subjects of Criminal Liablity

Autoři

ČEP, David a Jan PROVAZNÍK

Vydání

The ECHR at 70: The Central European Narrative, 2023

Další údaje

Jazyk

angličtina

Typ výsledku

Vyžádané přednášky

Obor

50501 Law

Stát vydavatele

Česká republika

Utajení

není předmětem státního či obchodního tajemství

Organizační jednotka

Právnická fakulta

Klíčová slova anglicky

Article 4 ECHR; Trafficking in Human Beings; Convention on Acting against Trafficking in Human Beings; Directive 2011/36/EU; Non-Punishment Provision

Změněno: 8. 3. 2024 15:22, Mgr. Petra Georgala

Anotace

V originále

Trafficking in Human Beings is one of the current issues that modern society and its justice systems struggles with. Like many other criminal activities it is connected with human misfortune on one side and lack of humanity and desire for profit on the other one. These undeniable truths held true 70 years ago, when Council of Europe adopted European Convention on Human Rights and it is still valid today. In this presentation the foundations of international actions against trafficking in human beings (with special focus on Central European countries) are presented, as well as current legislative framework in European Union. The question of possible criminal liability of victims of human trafficking for criminal offences committed in connection with the fact that they are subjected to human trafficking is being discussed. Special attention is given to positive obligations of states, namely adoption so-called non-punishment provisions and possible consequences of not fulfilling this duty of states. In our presentation we conclude that not all criminal offences of victims of human trafficking can fall within the scope of non-punishment provision, such as criminal offences against life or human dignity. Finally, the current situation of Central European countries is evaluated according to their legislation, GRETA reports and European Parliament.

Návaznosti

MUNI/A/1424/2022, interní kód MU

Název: Trestání coby multioborový fenomén II

Investor: Masarykova univerzita, Trestání coby multioborový fenomén II

Citovat

ČEP, David a Jan PROVAZNÍK. Unchained, Yet Prosecuted - Victims of Human Trafficking as Subjects of Criminal Liablity. In The ECHR at 70: The Central European Narrative. 2023.

@misc{2293600,
   author = {Čep, David and Provazník, Jan},
   booktitle = {The ECHR at 70: The Central European Narrative},
   keywords = {Article 4 ECHR; Trafficking in Human Beings; Convention on Acting against Trafficking in Human Beings; Directive 2011/36/EU; Non-Punishment Provision},
   language = {eng},
   title = {Unchained, Yet Prosecuted - Victims of Human Trafficking as Subjects of Criminal Liablity},
   year = {2023}
}

TY  - SLIDE
ID  - 2293600
AU  - Čep, David - Provazník, Jan
PY  - 2023
TI  - Unchained, Yet Prosecuted - Victims of Human Trafficking as Subjects of Criminal Liablity
KW  - Article 4 ECHR
KW  - Trafficking in Human Beings
KW  - Convention on Acting against Trafficking in Human Beings
KW  - Directive 2011/36/EU
KW  - Non-Punishment Provision
N2  - Trafficking in Human Beings is one of the current issues that modern society and its justice systems struggles with. Like many other criminal activities it is connected with human misfortune on one side and lack of humanity and desire for profit on the other one. These undeniable truths held true 70 years ago, when Council of Europe adopted European Convention on Human Rights and it is still valid today. In this presentation the foundations of international actions against trafficking in human beings (with special focus on Central European countries) are presented, as well as current legislative framework in European Union. The question of possible criminal liability of victims of human trafficking for criminal offences committed in connection with the fact that they are subjected to human trafficking is being discussed. Special attention is given to positive obligations of states, namely adoption so-called non-punishment provisions and possible consequences of not fulfilling this duty of states. In our presentation we conclude that not all criminal offences of victims of human trafficking can fall within the scope of non-punishment provision, such as criminal offences against life or human dignity. Finally, the current situation of Central European countries is evaluated according to their legislation, GRETA reports and European Parliament.
ER  -

ČEP, David a Jan PROVAZNÍK. Unchained, Yet Prosecuted - Victims of Human Trafficking as Subjects of Criminal Liablity. In \textit{The ECHR at 70: The Central European Narrative}. 2023.

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