Human trafficking is the recruitment, transportation or intake and housing of people under duress. The purpose of the trafficker is often to exploit a person. In principle, human trafficking is punishable by up to 18 years in prison or a fifth category fine (€103,000). If the trafficking causes death, the maximum prison sentence can be up to thirty years or life imprisonment. These types of cases are often subpoenaed before the multiple criminal chamber.
An example of human trafficking is the recruitment of young women from poor areas under false promises of work abroad. Once they arrive, they are forced into prostitution under threat of violence and with their passports taken away. These women are often locked up, manipulated and controlled by their handlers, who exploit them for financial gain. They have no access to help or legal resources, trapping them in a network of exploitation and abuse, with no way to escape their situation. This example illustrates the seriousness and complexity of human trafficking and exploitation.
Human trafficking is not same as human trafficking. Human trafficking involves the illegal transfer of people across borders, often with their knowledge, usually for financial gain of the smugglers. Human trafficking involves forcing or deceiving people to exploit them for labor or sexual purposes, often using force or threat.
What does the law article say about human trafficking?
The article of law that criminalizes human trafficking, article 273f of the Criminal Code is a very complex and long article of law. This section of the law can be accessed at this link.
What penalties can be imposed in human trafficking?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for (qualified) human trafficking is life imprisonment. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role in a suspected trafficking case. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case, acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted human trafficking punishable?
Attempted human trafficking may also be punishable. It follows from Article 45 Criminal Code that an attempt to commit a crime is punishable, but there must have been a beginning of execution of the crime. The answer to whether there was a beginning of execution depends on the facts and circumstances of the case. Case law shows that what is important here is how close a defendant's conduct is to the completion of an intended crime.
In addition, a person must have actually intended to commit human trafficking. In criminal law, this is also called (conditional) intent. (Conditional) intent exists if a defendant has knowingly accepted the substantial probability that the consequence mentioned in the criminal provision will occur.
A lower maximum prison sentence applies for attempted trafficking than for completed trafficking. This is because the maximum prison sentence for attempted trafficking is reduced by 1/3 of the maximum prison sentence for the completed offense.
Exoneration for human trafficking?
With regularity, suspects are acquitted of this crime. An example is shown below.
The court acquitted the defendant of human trafficking and participation in a criminal organization because there was insufficient evidence to support the charges of exploitation and criminal involvement. The court had previously ruled on similar facts and the court concluded that the evidence against the defendant was not convincing. The prosecution was declared partially inadmissible on appeal and the earlier verdict was upheld.
What is the difference between human trafficking and human smuggling?
Human Smuggling and human trafficking are both forms of illegal human movement, but differ in their nature and purpose.
Human smuggling involves the illegal transfer of people across borders, often with their knowledge, and aims at financial gain for the smugglers.
Human trafficking, on the other hand, involves the exploitation of persons through coercion, deceit or deception, such as for sexual work or forced labor.
The purpose of human trafficking is to exploit and exploit victims, often under unlawful and inhumane conditions. While human trafficking mainly focuses on the physical movement of people, human trafficking focuses on their exploitation.
Need a lawyer because of human trafficking?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you the moment you are suspected of human trafficking. Our lawyers will discuss the criminal file with you and together with you determine a strategy that will achieve the success you desire. However, it is good for you to know that our attorneys do not sugarcoat your case; we provide sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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