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Council Framework Decision of 19 July 2002 on Combating Trafficking in Human Beings

Document number
1057
Date
2002
Title
Council Framework Decision of 19 July 2002 on Combating Trafficking in Human Beings
Author/publisher
Council of the European Union
Availability
View/save PDF version of this document
Document type(s)
EU law,
Keywords
2002/629/JHA, Justice and Home Affairs, European Union, Law enforcement, Palermo protocol, Vienna Action Plan, Tempere, United Nations Convention against Transnational Organised Crime, Amsterdam Treaty, Labour exploitation, Sexual exploitation,
Summary
The objective of this framework decision is to approximate the laws and regulations of the Member States in the area of police and judicial cooperation in criminal matters relating to the fight against trafficking in human beings. To introduce at European level, common framework provisions in order to address certain issues such as criminalisation, penalties and other sanctions, aggravating circumstances, jurisdiction and extradition. Since the adoption in 1997 of a joint action by the Council concerning action to combat trafficking in human beings and the sexual exploitation of children, initiatives have developed considerably in number at both national and regional levels. The Vienna Action Plan and the Tampere European Council called for additional provisions to regulate further certain aspects of criminal law and criminal procedure. The Framework Decision, an instrument introduced by the Amsterdam Treaty, should provide a better response to these priorities by gearing the EU for further enlargement. Moreover, in December 2000, at the signing conference in Palermo, Antonio Vitorino, a Member of the Commission acting on behalf of the Community, signed the United Nations Convention against Transnational Organised Crime and the two Protocols against trafficking in persons and the smuggling of migrants by land, air and sea. This Framework Decision, an instrument introduced by the Amsterdam Treaty, should provide a better response to certain priorities by gearing the EU for further enlargement. With this Framework Decision, the Commission wishes to complement the existing instruments used to combat trafficking in human beings. The Commission takes the view that trafficking in human beings is a crime against the person with a view to the exploitation of that person. Article 1 defines the concept of trafficking in human beings for the purpose of labour or sexual exploitation. The Member States must punish any form of recruitment, transportation, transfer or harbouring of a person who has been deprived of his/her fundamental rights. Thus, all criminal conduct which abuses the physical or mental vulnerability of a person will be punishable. The victim's consent is irrelevant where the offender's conduct is of a nature which would constitute exploitation within the meaning of the proposal, that is, involving the use of coercion, force or threats, including abduction; the use of deceit or fraud; the abuse of authority or influence or the exercise of pressure; the offer of payment. Further, this Framework Decision lays down that instigating trafficking in human beings and being an accomplice or attempting to commit a crime will be punishable. In addition, the Framework Decision introduces the concept of criminal and civil liability of legal persons in parallel with that of natural persons. Legal persons will be held liable for offences committed for their benefit by any person acting either individually or a part of the organ of the legal person, or who exercises a power of decision. Child victims of trafficking are entitled to special assistance, in accordance with Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings. In order that the crime does not go unpunished because of a conflict of jurisdiction, the decision introduces criteria on jurisdiction.
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