Judgment No. 14843 of 2024: the concurrence between reduction to servitude and human trafficking

The recent judgment No. 14843 of February 28, 2024, filed on April 10, 2024, offers an important reflection on the theme of reduction to servitude and human trafficking. The Court of Assize of Appeal in Bologna addressed a complex case, highlighting the need for adequate protection for victims of exploitation. In this article, we will analyze the key points of the judgment and its significance in the Italian and European legal context.

The regulatory framework

The crime of reduction to servitude is governed by Article 600 of the Penal Code, while human trafficking is regulated by Article 601. The judgment in question clarifies that the two crimes can concur, as there is no relationship of specialty according to Article 15 of the Penal Code. This aspect is crucial to ensure that victims of exploitation do not remain without justice.

Crime of reduction to servitude - Concurrence with the crime of human trafficking - Existence - Reasons - Case. The crime of reduction to servitude (Article 600, paragraph one, second hypothesis, Penal Code) concurs with the crime of human trafficking (Article 601, paragraph one, second hypothesis, Penal Code), since, lacking the natural uniqueness of the fact, there is no relationship of specialty under Article 15 of the Penal Code between the two cases, nor do they contain reserve clauses that allow for the application of absorption, consumption, or non-punishable "post-factum" figures. (Case concerning victims who, convinced to leave their country with the prospect of finding lawful work abroad, upon arriving in Italy, were placed in a state of servitude and induced to prostitution).

Analysis of the judgment

The Court established that the circumstances in which victims, lured by false promises of work, find themselves in conditions of exploitation, are emblematic of the complexity of the crimes of trafficking and reduction to servitude. This approach highlights the severity of the violation of human rights and the need for adequate penalties for the perpetrators.

  • The crime of reduction to servitude occurs when a person is forced to live in conditions of exploitation.
  • The crime of human trafficking implies that a person is recruited, transported, or transferred using force or coercion.
  • Both crimes aim to protect the dignity and fundamental rights of the victims.

Conclusions

Judgment No. 14843 of 2024 represents an important step forward in the fight against human trafficking and their exploitation. The possibility of prosecuting the crimes of reduction to servitude and human trafficking as concurrent offenses is fundamental to ensuring adequate justice. It is essential that society and institutions continue to work to protect victims and combat these forms of human rights violations, contributing to greater awareness and more effective policies.

Bianucci Law Firm