Trafficking in human beings and victims’ rights: application of the principle of non-punishability.

Webinar Synopsis

There is a national policy and strategy to combat the crime of human trafficking around the world, for whatever illicit purposes. In this sense, the victims are subject to recurrent violations in the iter criminis of the execution of the crime, perpetrating the violation of rights and legal assets such as freedom, freedom of movement, coexistence, the right to assembly, until the materialization of the purpose of human trafficking, such as: trafficking in persons, sexual abuse, cruel and degrading treatment, as well as the violation of legal values such as dignity, equality and justice.

In the advent of protection and unrestricted compliance with national and international legislation, it is important to emphasize that, in Europe, there are Prosecutor’s Offices that specialize in the prosecution of this type of crime. These are responsible for overseeing, assisting and developing lines of investigation in the context of human trafficking, with the national jurisdiction units under the State, law enforcement agencies and private investigation entities. 

In the United States, specifically in Nebraska and Oklahoma, there are special laws for the prosecution of this type of crime, as well as legislative management and the initiative of representatives and senators to combat this scourge. In the states of New York and Massachusetts, they have special anti-human trafficking commissions and work together with the Attorney General’s Office to combat this scourge. 

The principle of non-punishability and its application has been reflected in countries such as the United States, England, Italy, France, Australia, Brazil, Austria and Chile. The fact that victims commit crimes, subject to being forced or threatened, extinguishes their condition as active subjects in the commission of crimes. Non-punishability becomes effective when coercion, threat and obligation lead to the commission of a specific crime as a result of human trafficking that has already materialized.

Legally, and criminally, it is impossible to punish by means of a court or jury, victims who have previously been coerced to commit a crime. Therefore, the existence and application of the principle of non-punishability, which is manifested in the world’s legal systems to protect and safeguard the rights of victims.

The organizations that protect the victims of this crime worldwide have legal teams specialized in the management and application of the principle of non-punishability, thus generating a frontal fight against the networks that operate in the execution of this type of crimes that affect society.