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Адвокат по УГОЛОВНЫМ делам / LAWYER PRACTICE / Articles

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Human trafficking, art. 149 of the Criminal Code of Ukraine

CRIMINAL LAWYER according to Article 149, 303 of the Criminal Code of Ukraine.

The lawyer Alexander Nikolaevich Evsutin and other lawyers - partners of the Bureau specialize in criminal law and criminal proceedings related to charges of trafficking in human beings, illegal transactions with people and other related crimes.

We have extensive practice with positive results in this category of cases. In almost all cases of this category, we found a compromise in court and sought to either release our clients or obtain short prison sentences below the lower limit (1 year or 1.5 years l / s), if that suited our client. Also in cases of this category there are great chances to seek an acquittal.

Our lawyers have extensive experience in protecting citizens in criminal proceedings in these categories of cases, both at the stages of pre-trial investigation, and in courts of both local levels, and in appeals and cassation courts.

Many lawyers previously worked as investigators and prosecutors, they know all the secrets of the work of these units, and are able to use their knowledge to protect our Trustees.

Managing partner of the Bureau, lawyer A. Evsutin He has personally been involved in the fight against human trafficking since 2005, he led this special topic in the implementation of prosecutorial supervision, working in the prosecutor's office for 2 years and supervising the departments of the UBTPL, the Organized Crime Control Department and the Gobkop USBU investigating cases of this category. Since 2007, he has been conducting personal law practice in these cases, using the accumulated experience.

Law enforcement officers in most cases provoke future suspects to take certain actions to relocate the girls, specially creating the conditions for their accusation. However, the corpus delicti of these articles is very peculiar and actually difficult to prove. We recommend that you do not testify without consulting an experienced lawyer specializing in this category of cases.

_________________________________________________________________________

Human trafficking, Art. 149 of the Criminal Code of Ukraine


Article 149. Trafficking in persons or other illegal transaction in relation to a person
1. Trafficking in persons or the implementation of another illegal transaction, the object of which is a person, as well as recruitment, movement,concealment, transfer or receipt of a person committed for the purpose of exploitation, using fraud, blackmail or a vulnerable state of a person, -
the applicable sentence is deprivation of liberty for a term of three to eight years.

2. The actions provided for in the first part of this article, committed against a minor or against several persons, or repeatedly, or by prior conspiracy by a group of persons, or by an official using his official position, or by a person from whomthe victim was financially or otherwise addicted, or combined with violence that is not dangerous to life or healththe victim or his relatives, or with the threat of such violence, - the applicable sentence is deprivation of liberty for a term of from five to twelve years, with or without confiscation of property.

3. Actions provided for in the first or second part of this article, committed against a minor, or by an organized group, or combined with violence that is dangerous to the life or health of the victim or his relatives, or with the threat of such violence, orif they entailed grave consequences, - the applicable sentence is deprivation of liberty for a term of eight to fifteen years, with or without confiscation of property. 

Note. 1. The exploitation of man in this article should be understood as all forms of sexual exploitation, use in the porn business, forced labor or forced provision of services, slavery or customs similar to slavery, servitude, involvement in debt bondage, organ removal, conducting experiments on a person without him consent, adoption for profit, forced pregnancy, involvement in criminal activity, use in armed conflicts, etc.

2. In Articles 149 and 303 of this Code, a vulnerable position of a person should be understood as determined by physical or mentalproperties or external circumstances, the state of a person deprives or limits its ability to be aware of its actions(inaction) or lead them, make independent decisions of their own free will, and resist violent or other illegalactions, a combination of difficult personal, family or other circumstances.

3. Responsibility for the recruitment, transfer, concealment, transfer or receipt of a minor or minor under this article shall occur regardless of whether such acts were committed using deception, blackmail or the vulnerable state of these persons, or with the use or threat of violence, the use of official position , or a person on whom the victim was materially or otherwise dependent.

{149 as amended by Law N 3316-IV (3316-15) of 01/12/2006}

https://donadvocat.com/en/articles/TORGIVLIA_LUDIMI_149.html

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