Download - Transcrime - Università degli Studi di Trento

10. Italian legislation and judicial competences in the fight against trafficking and smugglingindependently of the offence of trafficking in slaves. The offence as described isidentical to that considered by paragraph 1, with only two exceptions: the minorityage of the passive subject and the objective element of the crime, which consists ina mens rea specifically aimed at inducing the minor into prostitution. 186Eliminating the link with the concept of slavery as a prerequisite for the person tobe considered trafficked has facilitated the punishment of trafficking in humanbeings. 187The law that introduces this provision, together with the others concerned tosuppress the exploitation of minors, derives from the legislators’ intent to furnishcloser protection characterised by rigorous description of cases constituting “newforms of slavery” and which marks a shift to a modern perspective on the state ofsubjugation. The law also demonstrates greater awareness of the illicit activitieslinked with trafficking in human beings, and in this case specifically with thetrafficking in minors for the purpose of exploitation.The crime in question requires a specific mens rea to induce the victim intoprostitution, but the intent need not necessarily be realised for the crime to havebeen committed.10.6.6 Inducement to move to another country or place for the purpose ofprostitution (article 3, no. 6, law no. 75, 20 February 1958)Of the crimes relating to prostitution envisaged by article 3 of the so-called MerlinLaw, l. 75/58, this provision punishes:“whoever induces another person to move to another State, or in any case, to adifferent place from that of usual residence, in order to practise prostitution or whoacts to facilitate his or her departure”.The crime consists in conduct theoretically applicable to the trafficking of womenfor the purpose of sexual exploitation.The purpose of the inducement and facilitation must be the transfer of a person toa place, on national territory or abroad, other than that of residence. 188 Theinducement consists in persuasion to move to the place where the woman willpractise prostitution. 189 The facilitation consists of conduct that may in some wayfacilitate the departure of the woman; in the context considered, it may consist, forexample, in providing information or lending the amount of money necessary forthe journey.186 The minority age of the subject is a typical element of the crime, and awareness of it by the wrongdoermust be present for the crime to exist. Ignorance, however, even though excludes the possibility ofpunishing the wrongdoer under article 601, paragraph II, Criminal procedure Code, may be irrelevant forthe existence of the more generic crime of trafficking referred to by article 601, paragraph 1, criminal code.187 Cf. F. Spiezia, F. Frezza, N.M. Pace, op. cit., p. 47.188 See L. Pavoncello Sabatini, entry “Prostitution (Criminal Provisions on)”, in Enciclopedia GiuridicaTreccani, vol. XXV, Rome, 1991.189 See also G. Pioletti, entry “Prostitution”, in Digesto discipline penalistiche, vol. X, IV ed., UTET, Turin,1997, p. 285.104