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Trafficking in Human Beings - New Moments in Bulgarian Legal System and Law Enforcement

NCJ Number
Internal Security Volume: 4 Issue: 2 Dated: July - December 2012 Pages: 61-75
Tsvetana Sevdova Petrova
Date Published
December 2012
15 pages
The article concerns the aspects of phenomena of the human being trafficking in the context of Bulgarian legal system.
The objective is to be examined a narrow but important group of questions considered as problematic. These new questions arose from the interpretative practice of the Bulgarian Supreme Court of Cassation and two of the recent changes in the Criminal Code - those from April 2009 and April 2010. The author also describes the issues of the implementation of international legal standards regarding combating the human being trafficking into the Bulgarian national legal system. Many international instruments related to various aspects of trafficking in human beings are in force for the Republic of Bulgaria. They had become part of its national legislation directly or after transposition in an internal legal act. The article includes the constituent elements of the crime trafficking in persons according the Bulgarian Criminal Code and more seriously punishable cases of trafficking in persons according to this act. Those problems are connected with the differentiation of criminal responsibility and the ratio between the legal compositions or organization of elements of certain crimes. On that basis are proposed some de lege ferenda stipulations in the Bulgarian Criminal Code. The presented in the article examples and explanations or discussed difficulties are valid for major group of cases concerning the investigation and punishment of the crime trafficking in human beings. (Published Abstract)