HANDEL LUDŹMI W UJĘCIU PRAWNYM. PROBLEMY DEFINICYJNE I ICH KONSEKWENCJE
HUMAN TRAFFICKING FROM A LEGAL PERSPECTIVE. DEFINITION PROBLEMS AND THEIR CONSEQUENCES

Summary/Abstract: The article focuses on analyzing the definition of human trafficking in the Polish legal system and the statutory characteristics of the crime specified in Article 189a of the Criminal Code. It emphasizes the importance of introducing a legal definition of human trafficking and slavery and placing this crime in the chapter on crimes against freedom, which has significantly clarified previous interpretative doubts and been reflected in judicial practice. At the same time, it pointed to the lack of legal definitions of the terms slave trade and forced labor, as well as the retention of Article 8 in the provisions introducing the Criminal Code. The author proposes opening the catalog of behaviors constituting human trafficking in Article 189a of the Criminal Code so that it is possible to criminalize new forms of exploitation arising, among other things, in connection with the development of technology, as well as extending criminal liability to perpetrators acting with conditional intent. The analysis led to the conclusion that the precise formulation of the definition in Article 115(22) of the Criminal Code and characteristics of the prohibited act in Article 189a of the Criminal Code is of key importance for the consistency of the legal system and the effectiveness of counteracting human trafficking in the light of international and EU law standards.

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