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Awareness-Raising of Judicial Authorities Concerning Trafficking in Human Beings. Country Report Germany

Document number
1165
Date
2005
Title
Awareness-Raising of Judicial Authorities Concerning Trafficking in Human Beings. Country Report Germany
Author/publisher
International Organisation for Migration (IOM)
Availability
View/save PDF version of this document
Document type(s)
Training Material/Resources,
Keywords
Belgium, Bulgaria, the Czech Republic, Germany, Hungary, The Netherlands and Poland, Reflection period, Residency permit, Identification, Social assistance, Victim protection, Shelter, Repatriation, Empowerment, Redress, Advocacy, Civil society, NGO, Human Rights approach, Identification (of Victims) Protection, Victims of trafficking, Trafficked persons, Integration, Social Inclusion,
Summary
This handbook is the result of the project ‘Awareness raising of judicial authorities concerning trafficking in human beings’. It is intended as a guide for judiciaries and public prosecutors when involved in a case against traffickers in human beings. Participating countries are Belgium, Bulgaria, the Czech Republic, Germany, Hungary, The Netherlands and Poland. The handbook is based on research conducted previously in the countries involved and the analysis of the European Legal Framework, as well as discussions, comparisons and analyses made during the meeting of the Steering Committee in June 2005 in The Hague. Contents of this handbook focus on the practice of conducting prosecution cases. Besides an overview of the legal framework in each of the countries involved, a major part is reserved for cases and discussions arising from the different topics. The volume I of the handbook is composed of two parts, the first giving background information, examples, discussions and recommendations. Extensive background information on the subjects discussed in volume I can be found in the country reports and the analysis of the European Legal Framework, in volume II of this handbook. When discussing the current relevant German national legislation concerning trafficking in human beings, the most important provisions are the penal provisions in the Criminal Code (Strafgesetzbuch, StGB) dealing explicitly with trafficking in human beings. Formerly contained in sections 180 b and 181 StGB, and focussing exclusively on sexual exploitation, the criminal provisions on THB have recently been expanded. This report will nonetheless mostly discuss trafficking in human beings for the purpose of sexual exploitation, since the legal developments concerning other forms of trafficking are too new to present an objective picture. Other provisions of the StGB may also be referred to in the context of trafficking in human beings. Since victims are often brought into Germany under violation of immigration laws and regulations, a thorough analysis of applicable national legislation must also deal with German Law of Residence (Aufenthaltsgesetz, AufenthG) and the distinction made in German Law between trafficking in human beings and smuggling human beings. A look at the policy and law concerning prostitution also serves to better understand the background of THB and the surroundings in which it takes place. In addition, such a survey must also focus on rules governing transnational cooperation on issues concerning counter-trafficking measures.
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