Council Framework decision on the Fight against Trafficking

On 19 July 2002 the Council issued a framework decision on the fight against trafficking (2002/629/JI) (Official journal. L 203,01/08/2002 P0001-0004).
In its explanation, the Council justifies the following: “Trafficking represents a serious violation of basic human rights and human dignity and includes reckless practices such as abuse and malicious deception of persons in need of protection as well as the use of violence, threats, debt bondage and compulsion.”
The framework decision should reduce differences in the concept of law among the individual member states and encourage better cooperation between the justice and criminal prosecution authorities.
To reach these goals, the member states are obligated to comply with the guidelines of the decision by 1 August 2004, i.e. to inform the office of the secretary-general and the Council of country-specific regulations on the implementation into the Law of the individual states.
The obligations of the member states refer to

• certain actions within the context of trafficking which should be punishable by law (e.g. use or threat of violence, exploitation by means of prostitution, fraud)
• appropriate extent of the sentence as a deterrent (in the case of special circumstances, e.g. danger to life or injury of the special protection accorded to children, minimum sentence of 8 years)
• the responsibility and sanctioning of legal persons which can be of a criminal or non-criminal nature (e.g. closing of institutions, exclusion of public funds).

Further, the member states must account for judicial responsibilities which should ensure effective criminal prosecution, e.g. by criminal offences which take place partially or entirely outside of their own sovereign territory.
Children (victims under 18 years of age) receive special consideration in various articles. Their families should also receive special support through measures implemented by the individual states.
Finally, the framework decision establishes that criminal prosecution of a crime does not depend on the reporting or accusing the victim.

councilframework.pdf