Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
926 48 |
Ultima descărcare din IBN: 2024-02-21 20:16 |
SM ISO690:2012 TĂNASE, Alexandru. Subiectul infracţiunii de trafic de fiinţe umane. In: Revista Naţională de Drept, 2011, nr. 3(126), pp. 28-33. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 3(126) / 2011 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 28-33 | ||||||
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Rezumat | ||||||
The analysis made in the present article, concludes that it is possible for one person to commit the offence of human trafficking. The liability under art.165 (except lett.d) par.(2)) PC RM can be applied only when a single person carried out the recruitment, transportation and the covering of the victim, if the victim influence requires one of the adjacent modality of human trafficking. The accumulation by the same person of two or more presences as participant in the offence can be taken into account at the individualization of the punishment. However, in such a case, due to the unitary character of the offence, it is arguable that the accumulation of different presences as participant in the offence has as effect the offence plurality. The liability of the legal entity under art.165 PC RM can be applied when people with decision-making, representing its structures and by appealing to their duties, commit human trafficking. In such a case, the legal entity shall bear direct penal liability, as for it offence. In another case, the penal liability of the legal person under art.165 PC RM has a substitutive character, as for else’s offence. This is attested when simple officials within the legal entity, by performing their duties, commit an offence. |
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