DELIMITAREA TRAFICULUI DE FIINŢE UMANE DE UNELE INFRACŢIUNI ADIACENTE

Alexandru TĂNASE Catedra Drept Penal şi Criminologie

Rezumat

In this study, is showed that, as provided by lett. a) par.(1) art.165 PC RM, when human trafficking involves the victim kidnapping, no further qualification is required under art.164 PC RM. Also, the illegal deprivation of liberty (art.166 PC RM) is absorbed organically by the offense provided by art.165 PC RM. Meanwhile, when the victim exploitation is following the act of human trafficking, namely the offence of unlawful deprivation of liberty is susceptible, likely to build the real competition with the offense stipulated at art.165 PC RM. This is because, usually, the exploited victim is under a full or partial limitation of physical freedom. It is concluded that the absorption by human trafficking of the offense specified at art.167 PC RM is not possible. When the goal of the human trafficking act is accomplished, expressed by exploitation in slavery and in conditions similar to slavery, the offence of human trafficking will form a real competition with the offence provided by art.167 PC RM; the absorption by human trafficking of the act of pimping is not possible. The perfect competition between the offenses stipulated at art.165 and art.220 PC RM is not possible, too. It is disclosed that, regarding the practicing of beggary, if the victim's consent on it is missing or not, and is vitiated, there can not be attested the offense specified at art.302 PC RM. It is established that both human trafficking and pimping may have national or transnational character.