Offender and/or Victim? On unlawful acts committed under coercion/force by victims of trafficking in human beings

Abstract

Aim: The complex phenomenon of trafficking in human beings includes not only sexual and labour exploitation but also so-called ‘other trafficking’. Most international and national research focuses on the characteristics of sexual exploitation, but it should be noted that in recent years there have also been publications on labour exploitation. Other forms of exploitation, in particular exploitation linked to unlawful acts, are discussed below. The acts committed by victims of trafficking may be not only criminal offences, but also non-criminal offences and other acts (tax, labour). What these crimes have in common is that in most cases these offenders would not have committed them voluntarily, but were coerced by their exploiters, by force and/or threats. These acts are discussed from a criminological perspective, referring to the fact that the substantive and procedural aspects of criminal law are assessed on a case-by-case basis in criminal proceedings.
Methodology: The following is a partial report of the results of the research carried out at the National Institute of Criminology in 2023, summarising the first results of the review of national and international literature, professional interviews and the analysis of the documents after the presentation of a case.
Findings: The offences committed by victims of trafficking, typically under duress, are similar to international characteristics: in addition to offences against property and drug-related ones, however, others should also be mentioned: illicit prostitution, begging and various other offences.
Value: There has been little literature on the offences committed by victims of trafficking in human beings in the country, and this gap is being filled by drawing attention to the importance of providing further training for law enforcement officials.