Zbornik Radova Pravnog Fakulteta u Splitu (Nov 2016)
Impunity for human trafficking victims in Croatia – legal standard as a fiction or reality
Abstract
This article deals with one of the most vexing legal issues in context of trafficking in persons – that of non-punishment of trafficked persons for the offences they have committed in connection with or as a result of being trafficked. The conclusions are based on a comprehensive study of the so-called non-punishment clause in binding international documents (Council of Europe Convention, EU Directive, etc.) and soft law (e.g. UN Office of the High Commissioner for Human Rights, Recommended Principles and Guidelines on Human Rights and Human Trafficking, E/2002/68/), as well as on its implementation in comparative law and practice. Scarce (comparative) case law reveals deficiencies in existing framework and the necessity to address the issue of non-punishment of victims of trafficking in unambiguous manner, either through introduction of explicit non-punishment clause or through instructive set of criteria, such are those established for the Crown Prosecution Service in UK. Against this background and taking into account various approaches in comparative law, this article proposes a model for the non-criminalisation of trafficked persons in Croatia. It provides a set of guidelines foremost for the prosecutors and judges in order to help them strike an appropriate balance between fundamental principles of Croatian legal system and rights of people that are essentially victims, and not perpetrators.
