Prosecuting THB for the purpose of labour exploitation

01 December 2015|AVAILABLE IN ENGLISH
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This report provides a source of information for practitioners involved in the investigation and prosecution of trafficking in human beings (THB) for the purpose of labour exploitation. It elaborates on a number of indicators of ‘labour exploitation’ that have emerged from national case law. Given that THB is very often a cross-border crime, the report also highlights best practice in judicial cooperation as identified through the analysis of Eurojust’s casework.

The findings of this report are based on the analysis of (i) 32 judgments from 10 Member States and Norway, referred to Eurojust by national authorities when replying to the THB External Questionnaire; (ii) 17 cases registered in Eurojust as THB for labour exploitation; (iii) 29 responses to the THB External Questionnaire; and (iv) the outcome of the Strategic Meeting THB 2015. The analysis of case law does not aim to be exhaustive, given that it relies only on decisions referred to Eurojust in preparation for the Strategic Meeting THB 2015. As well as this, the low number of THB for labour exploitation cases referred to Eurojust does not allow the drawing of firm conclusions and can be considered only as illustrations of possible best practice in judicial cooperation.

Chapter 2 focuses on the analysis of judgments on THB for the purpose of labour exploitation. Chapter 3 concerns Eurojust’s casework on the same subject. Chapter 4 recalls the findings of the THB External Questionnaire and Strategic Meeting THB 2015. The final Chapter is dedicated to conclusions. Annex 1 presents the table on the analysed case law. Annex 2 includes the domestic legal provisions relied upon.

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