Gloss to the Judgement of the Supreme Court – Criminal Chamber of 17 October 2017 (III KK 103/17)

Abstract

The gloss approves the position of the Supreme Court presented in the judgement of 17 October 2017 (III KK 103/17). Trafficking in human beings cannot be understood only as a commercial transaction involving the transfer of a person’s property to another entity in return for other benefits. At the same time, it should be emphasized that even the possible consent of the aggrieved party does not affect the crime of this procedure. The definition of trafficking in human beings should be understood broadly, and its interpretation should be governed by EU and international law. When interpreting norms, it is possible to use the norms of international law, especially self-executing standards, as an interpretative guideline, although they are not formally in law.

Keywords

• prawo karne
• handel ludźmi
• prawo międzynarodowe
• nullum crimen sine lege