Numerous are the criminal juridical cases of the so-called Merlin Law (Lawdated 20 February 1958, No. 75) which ended the system of the houses ofprostitution and abolished any listing and obligatory health treatment forprostitutes. Punished by prison from 2 to 6 years and a fine of from 258 to 10,329Euros are the various activities which go from exploitation to aiding and abettingprostitution, renting of apartments w<strong>here</strong> this is undertaken 89 . That which is ofconcern to us are the particularly revealing forecasts of numbers 6) and 7) of Art. 3of the law which punishes:“whoever leads a person to the territory of another State or however aplace different from that of their normal residence, in order to exerciseprostitution or places themselves to assist the departure”;“whoever undertakes an activity in association with national and foreignorganisations dedicated to the recruitment of persons for prostitution orexploitation of prostitution, or in whatever form and with whatever meansaids and abets the action or the scopes of such associations ororganisations”.The closing juridical case is foreseen in number 8) which sanctions whosoever,and in whatsoever manner aids and abets the prostitution of others. To this shouldbe added the juridical cases of the Penal Code which protect persons from violence(private violence, threats, lesions, blows, kidnapping of persons, sexual violence)and those who reduce to slavery or in similar conditions to slavery. To this end itshould be remembered that the reduction to slavery is characterised by “anindividual who - by means of the explicit activity of others on their person - findsthemselves (even if nominally having the status of a subject of a legal system)reduced to the exclusive property of the accused, who materially uses, gains orprofits, or disposes of, similar to the way in which - according to historicalknowledge, converged in the present socio-cultural patrimony of the members ofthe collective - the ‘owner’, at one time, exercised the ownership of the slave”(Cassazione a Sezioni Unite, 20 November 1996 - 16 January 1997, n. 261 ).Beside the reduction to slavery, Art. 601 of the Penal Code punishes “the trafficor commerce of persons in similar conditions to that of slavery”. The law of 3August 1998, No. 269 - which introduced the new juridical cases regardingexploitation of prostitution, pornography, sexual tourism to the detriment of minors- has added to such an article a second paragraph which in a specific mannersanctions those who “make exploitation or even commerce of minors undereighteen years with the objective to committing them to prostitution” foreseeing aprison sentence from 6 to 20 years 90 .89The conduct described by No. 1-5 of Art. 3 of the Law can be re-assumed as follows: 1) to have aproperty or exercise whatever form of control of a house of prostitution; 2) the rent of an apartment forthe exercise of a house of prostitution; 3) the habitual tolerance of persons who inside a place in whichone is the owner or manager are prostitutes; 4) the recruitment for prostitution or aiding prostitution; 5)induction of an adult woman to prostitution, or undertake acts of artifice.90Contextually repealed part of the aggravating circumstances foreseen in Art. 4 No. 1 of the Law No.75/1958, today re-instated in this provision.
The behaviour sanctioned is that of who “undertakes a vast action ofrecruitment, even coercive, of transport and buying-selling minors” 91 to thedetriment of more minors, of a continuative character and using a minimumorganisational structure: what remains excluded from such a provision is the single,isolated, occasional act of commerce to the detriment of only one minor.The other provision is of particular interest, introduced by the said law againstpaedophiles (l. 269/1998), represented by Art. 600 bis which sanctions, in the firstparagraph, the behaviour of those who “induce to prostitution a person of an ageinferior to that of eighteen years, or who favours or exploits prostitution” withprison sentences from 6 to 12 years, and the fine from 15,493 to 154,937 Eurosand, in the second paragraph, punishes those who commit sexual acts with a minorof between 14 to 16 years in exchange for money or other economically usefulrecompense with the alternative prison sentence (from 6 months to 3 years) or afine (not less than 5,164 Euros). The disposition is interesting for two reasons:because it enucleates the position of a minor as a fact in itself with respect tonumerous other behaviours foreseen by the historical Merlin Law concerningprostitution (l. n.75/1958) and because for the first time the regulation decides topunish the client, who uses the sexual services of a minor of between 14 and 16years.The regulation has notably simplified the behaviour punished, in respect to thatforeseen by Art. 3 and Art. 4 of the Merlin Law, sanctioning exclusively theinduction, aiding, abetting and exploiting, but has reconfirmed the desire,particularly of this legislature of 1958, to punish not only the conduct of whoobtains some benefit, an unjustified advantage from the prostitution of minors, butalso that of those who through the behaviour of aiding the induction 92 andabetting 93 , facilitates such an activity.It is t<strong>here</strong>fore evident that a remarkable amplitude of punished behaviour 94remains and the legislator has chosen to punish apart from the consensus given bythe minor with respect to the activity of prostitution. That is to say without in anyway considering the possibility of a free and informed consent, practicallyassuming the impossibility for the minor to self-determine himself/herself onhis/her sexual freedom and the harmfulness of the activity of prostitution.The only relevance that the legislature has given to the age of the minor whoprostitutes, disregarding the consensus, is within Art. 600 sexies, w<strong>here</strong> anaggravating circumstance for who induces, aids and abets, or exploits theprostitution of a minor of 14 years is foreseen: the increase in the punishment is ofone third to half of the basic punishment.91Santoro (1998, page 51).92For induction to prostitution it is intended the activity of persuasion, determination, reinforcing thedecision to prostitution already thought of by the subject or which emerges because of that activity.93For abetting it is intended whatever activity that in some way would bring about conditions favourableor more favourable for exercising prostitution.94The judicial elaboration on conducting abetting arrived for example at punishing the prostitutes thattogether rented an apartment to exercise professional activities of prostitution, considering that one wasresponsible to abetting the prostitution of the other (Cass, Sez. III, 9 July 1998, No. 2525).
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TRAFFICKINGOF NIGERIAN GIRLSTO ITAL
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F O R E W O R D1. Objectives and st
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and who have identified the most si
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on the other hand, for those involv
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Case files analysed: Preventive det
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Table 2 - Socio-economic situation
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Table 3 - Nigerian citizens regular
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Table 5 - Social protection permiss
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Table 7 - Number of persons charged
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Table 8 - Detainee population sub-d
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and the United States enables this
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C H A P T E R IW a y s a n d p h a
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Figure No.2 - Edo State.It is not c
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Nigeria. From 1996 in Benin City an
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In this variegated framework, the d
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“Benin City is one of those State
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Various privileged witnesses of the
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In the first years of the traffic o
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pay considerable sums for lodging,
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The routesWe find at least three ty
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Figure No.5 - Trafficking routes th
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The journey overland through Africa
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new dispositions and contacts to co
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Then he sends her in a taxi to the
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T. remains in this house for 21 day
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detainees go towards the refectory,
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At this point the organisation esco
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was accepted by the Ivory Coast pol
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B.E. «Yes, I was given a Ghanaian
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Now the documents are “hired”:
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It is understood however that the v
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“There is no Nigerian passport wh
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C H A P T E R I VL i v i n g a n d
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have no shop and then there is no p
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The cost to manage the house and th
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mine since a long time, he can’t
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A feminine managementIn analysing t
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- Page 88 and 89: Control between psychological subje
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- Page 124 and 125: In the case of the girls having mor
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- Page 142 and 143: which the woman can definitively tu
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