International and Еuropean Rules concerning the Trafficking in Human Beings and their Transposition in the Criminal Code of Bulgaria Cover Image

Международни и европейски норми относно трафика на хора и тяхното транспониране в българския Наказателен кодекс
International and Еuropean Rules concerning the Trafficking in Human Beings and their Transposition in the Criminal Code of Bulgaria

Author(s): Rumen Vladimirov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Нов български университет
Keywords: Trafficking in persons; Transposition; Directive 2011/36; Offence; Fight against crime, prostitution; Criminal Law; Human rights

Summary/Abstract: The paper tackles with the legal issue of trafficking in humanbeings, which is considered to be a serious crime nowadays even though the long historic evolution of its legal regulationhas not ever been unequivocal. At the outset, the paper reviews the set of international efforts and instruments dedicated to the issue of limitation of the occasions in which trafficking in human beings occurs and in particular the 2000 United Nations Convention against Transnational Organized Crime and the Protocols thereto to which Bulgaria is a party. Besides, it is noted that on regional level in force are Council of Europe Convention on Action against Trafficking in Human Beings and a series of other EU legal instruments to combat trafficking in human beings. Moreover, it is pointed out that in compliance with its international obligations Bulgarian legislator introduced at the end of 2002 a separate set of rules on the counteraction to the traffickingin human beings, namely the provisions in section ІХ of Chapter Two of the Special Part of the Criminal Code which, following the subsequent amendments thereto, at present are embodied in the provisions of Articles 159a – 159d of the Criminal code in force in Bulgaria. Finally, in view of the need to transpose in the Criminal Code the provisions in particular of Directive 2011/36/EU of the European parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA the paper makes an analysis of the relevant proposals aiming at the amendments to be made in the Criminal Code to this end.

  • Issue Year: 2/2013
  • Issue No: 2
  • Page Range: 72-89
  • Page Count: 18
  • Language: Bulgarian