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Download - Transcrime - Università degli Studi di Trento

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Annex BThis outline will be administered by the <strong>Transcrime</strong> interviewers to one or moreprosecutors at the prosecutor’s offices chosen amongst those most active incombating people trafficking for exploitation and migrant smuggling. 1 At eachprosecutor’s office, the prosecutors to be interviewed will be selected on the adviceof the head of the prosecutor’s office from those with most experience in thesubject of this research. Their role will be that of key informants able to provideuseful insights into the activities over the last five years at the prosecutor’s office towhich they belong.FIRST PART – THE PHENOMENON AND ITS PREVENTION1 Information on migrant smuggling1. Approximately how many and what, in the last five years at your Prosecutor’sOffice, have been the main cases of migrant smuggling on which you or otherprosecutors in your office have worked and which you know about?For each of the cases just mentioned, please answer the following questions on thecharacteristics of the phenomenon, its perpetrators, and its evolution in the last fiveyears.1 The interviewer should take account of the following terminological definitions.The term “trafficking in persons for the purpose of exploitation” (“trafficking in human beings”), in thecontext of this research, is as defined by article 3 of the Protocol to Prevent, Suppress and PunishTrafficking in Persons, Especially Women and Children, supplementing the United Nations Conventionagainst Transnational Organised Crime: “the recruitment, transportation, transfer, harbouring or receipt ofpersons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, ofdeception, of the abuse of power or of a position of vulnerability or of the giving or receiving of paymentsor benefits to achieve the consent of a person having control over another person, for the purpose ofexploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or otherforms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude orthe removal of organs”. By the term “trafficking in persons for the purpose of sexual exploitation” it isreferred to “the recruitment, transportation or transfer of a person, inclu<strong>di</strong>ng harbouring and subsequentreception and the exchange of control over him or her is punishable, where the purpose is to exploit him orher in prostitution or in pornographic performances or in production of pornographic material, and: (a) useis made of coercion, force or threats, inclu<strong>di</strong>ng abduction, or (b) use is made of deceit or fraud, or (c) thereis a misuse of authority, influence or pressure, or there is another form of abuse” (as defined by article 2 EUCommission Proposal for a Council Framework Decision on combating trafficking in human beings,document 2001/0024 (CNS)).The term “smuggling of migrants” is, as defined by article 3 of the Protocol against the Smuggling ofMigrants by Land, Sea and Air, supplementing the United Nations Convention against TransnationalOrganised Crime, “the procurement, in order to obtain, <strong>di</strong>rectly or in<strong>di</strong>rectly, a financial or other materialbenefit, of a person into a State Party of which the person is not a national or a permanent resident”.By the term “ongoing legal procee<strong>di</strong>ngs” is meant those related to the trafficking in persons for the purposeof exploitation and/or the smuggling of migrants under investigation or brought to trial, or adju<strong>di</strong>catedwith a conviction, during the last five years.By the term “most active prosecutor office” is meant the 15-20 prosecutor’s offices that have brought thelargest number of procee<strong>di</strong>ngs.By the term "best practices" is meant activity by the prosecutor’s offices that seem to have had positiveeffects on suppressing the offences and/or protecting victims.264

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