THE RIGHTS OF THE VICTIMS OF TRAFFIKING DURING THE CRIMINAL PROCESS

Transcription

1 THE RIGHTS OF THE VICTIMS OF TRAFFIKING DURING THE CRIMINAL PROCESS Bucharest 2011

2 INTRODUCTION Human trafficking is a current phenomenon of the XXI century involving multiple dimensions: it is one of the most serious crimes in the world, a violation of human rights, an economic and social phenomenon, a criminal matter in which traffickers are the criminals not the victims. In many cases there is a direct approach of the victim, which is persuaded to accept an offer, aparently profitable (the promise of a job abroad, treatment, scholarship, etc.). Human trafficking is an extremely profitable business for the organized crime, being the third source of illegal profits, after drugs and arms trafficking. This brochure is for people who have been victims of trafficking, the aim being to inform them in a simple manner about their rights in criminal proceedings. The importance lies in giving basic legal education to victims and encourage them to access services they are entitled to receive. 1

3 1. THE RIGHT TO LEGAL ASSISTANCE The victim is entitled to legal assistance in criminal cases against traffickers. She has the possibility to be accompanied and assisted by the lawyer during all the phases of the criminal trial. 2.THE RIGHT TO MAKE A COMPLAINT AGAINST THE TRAFFIKER The victim has the right to lodge a complaint against the person who trafficked her and to be informed about the solution. Under article 222 Criminal Procedure Code, a complaint can be made by a person if a damage occured as a result of the infraction. The complaint must contain: name, surname, address of the petitioner, describing the act that is the subject of the complaint, indicating the perpetrator if he is known and the proofs. If it is made orally shall be mentioned in the minute of the body that receives it. According to article 275 Criminal Procedure Code any person may submit a complaint against the measures and acts taken during the legal procedure if they bring harm to the interests of that person. According to article 278 paragraph 3 Criminal Procedure Code the complaint against the resolution/edict given by the prosecutor of not starting the legal procedure against the traffiker has to be made within 20 days after receiving the 2

4 copy of the resolution/edict. The competence to resolve it belongs to the superior prosecutor. If the complaint was rejected by the superior prosecutor, the person may lodge a complaint within 20 days after the notification of the solution, which will be analysed by the judge from the court that has according to the law the competence to resolve the case in first instance. 3.THE RIGHT TO BE INFORMED The victim has the right to be informed by the competent authorities about the rights and obligations and to receive copies of all decisions taken concerning her situation. 4.THE RIGHT TO PSYSICAL PROTECTION The victim has the right to physical protection during the criminal proceedings, given by the police if her life, freedom is in danger. 5.THE RIGHT TO COMPENSATION FOR THE MATERIAL AND MORAL DAMAGE, ACCORDING TO THE LAW The victims of trafficking are entitled to ask during the criminal trial, compensation for the material and moral damages suffered as a result of trafficking and exploitation. 3

5 According to Criminal Procedure Code the purpose of a civil action is to ask compensation from the defendant for the material and moral damages.the civil action is exempt from stamp duty. The victim can be injured party and also civil party during the same criminal trial. 6. THE RIGHT TO PROTECT THE IDENTITY AND THE PRIVATE LIFE OF THE VICTIM All persons involved in preventing and combating trafficking, in assistance given to victims have the obligation to maintain confidentiality with regard to their identity. 7. THE VICTIM WILL NOT BE SUBJECT OF ANY CRIMINAL CHARGES The victims of human trafficking will be absolved of any criminal, administrative or civil responsability for illegal actions (eg. prostitution) that have been committed in connection with her status as a victim of human trafficking 4