HUMAN TRAFFICKING

INTERNATIONAL CRIME-NATIONAL PUNISHMENT

Resumo

In order to understand the problem of human traffic it is necessary to understand the criminal human trafficking, as an international crime with national punishment it is necessary to understand the crime and the “figure”. It is an international crime for two legal reasons, one, the crime has been described in an international treaty, second, the interpretation and application of the international legal rule has been done considering the special characteristics of every single legal system. Even, the current legal rule is different between various countries. Such endeavor is the one necessary to take into consideration to update national laws and comply with international standards. In the case of Chile, the national law has defined the crime and the punishment. This contribution will focus on this subject, to develop a short explanation of the “figure” delineating main elements. The “general objective” of the crime, in Chilean Criminal code, is to suppress willingness of the victim and the victim acts under the total order, like an android, by allowing sexual exploitation, work exploitation or organ extraction. These activities are extremely complicated to proof for prosecutors considering criminology of the crime: The victim “take part” in the crime giving his or her “consent” by not rejecting the acts against his/her body or liberty. In the case of the Chilean rule, sexual exploitation includes pornography. Working exploitation includes servitude, slaves. This contribution will focus on these types of different forms of abuse. Therefore, the problem of human trafficking is to define various standard and, on the other hand, to accept that such kind of exploitation is not only related to migrants and females but to anyone in a country. Another problem to be faced is related to evidence, as pointed out, victims may reject the exploitation of extraction. This contribution will focus on a rational analysis, dogmatic, of the legal rule, the objective, and other issues vis a vis the international rule.