Criminal Liability of Legal Persons for Human Trafficking Offences
DOI:
https://doi.org/10.18662/eljpa/12.2/278Keywords:
human trafficking, legal person, criminal liability, organized crime, criminal lawAbstract
Human trafficking represents one of the most serious forms of contemporary organized crime, having major consequences for fundamental human rights, particularly human dignity, freedom, and the physical and psychological integrity of victims. The phenomenon manifests itself in various forms, such as exploitation through forced labour, sexual exploitation, forced begging, or other illicit activities, and is facilitated by economic, social, and legal factors specific to modern society. In the context of economic globalization, labour mobility, and the development of complex corporate structures, legal persons may become, directly or indirectly, actors involved in the commission, facilitation, or tolerance of human trafficking offences, either through their management bodies or through the absence of effective control and supervision mechanisms. This article aims to analyse the legal framework governing the criminal liability of legal persons for human trafficking offences, highlighting legislative and doctrinal developments in this field. The study is based on the international and European normative framework, with particular emphasis on the obligations assumed by Member States to criminalize and sanction the involvement of collective entities in such acts. At the same time, the paper examines the regulation under Romanian criminal law, focusing on provisions concerning the criminal liability of legal persons and the offence of human trafficking, from the perspective of the conditions of attribution and forms of participation (Marinescu, 2011). In addition, the article addresses the main theoretical and practical difficulties encountered in the application of this liability regime, such as the delimitation of the legal person’s interest, the relationship between the criminal liability of the legal person and that of the natural person, and the effectiveness of applicable criminal sanctions. In conclusion, the importance of strengthening legal mechanisms for preventing and sanctioning the involvement of legal persons in human trafficking is emphasized, as an essential tool for victim protection and for the effective fight against organized crime.
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