Analyze features and elements of a kind of transnational crimes and give examples as illustration

The process of economic integration helps the economy grow rapidly but also creates opportunities for transnational crimes. Especially, human trafficking crimes is complicated, with increasingly sophisticated nature, scale, and tricks of operation. According, trafficking in persons report June 2019 of U.s. Embassy Consulate in Vietnam. In 2018, authorities announced 490 trafficking victims were identified (corresponding to 670 victims in 2017 and 1,128 victims in 2016), arresting more than 276 alleged victims of human trafficking (children). The corresponding number in 2017 was more than 500 and in 2016, 308 were accused.) Therefore, I choose the topic number 6 about “Analyze features and elements of a kind of transnational crimes and give examples as illustration” to understand and analyze human trafficking crimes.

A INTRODUTION The process of economic integration helps the economy grow rapidly but also creates opportunities for transnational crimes Especially, human trafficking crimes is complicated, with increasingly sophisticated nature, scale, and tricks of operation According, trafficking in persons report June 2019 of U.s Embassy & Consulate in Vietnam In 2018, authorities announced 490 trafficking victims were identified (corresponding to 670 victims in 2017 and 1,128 victims in 2016), arresting more than 276 alleged victims of human trafficking (children) The corresponding number in 2017 was more than 500 and in 2016, 308 were accused.) Therefore, I choose the topic number about “Analyze features and elements of a kind of transnational crimes and give examples as illustration” to understand and analyze human trafficking crimes B CONTENT I Overview Frist, according the 2000 UN Convention against Transnational Organized Crime (UNTOC) determines an offence is ‘transnational’ if it satisfies one of a number of alternative conditions: (a) It is committed in more than one state; (b) It is committed in one state but a substantial part of its preparation, planning, direction, or control takes place in another state; (c) It is committed in one state but involves an organized criminal group that engages in criminal activities in more than one state; or (d) It is committed in one state but has substantial effects in another state Second, The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplements the UNTOC, setting out a definition of trafficking in persons in Article 3(a) Therefore, "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs II Features of human trafficking Features First, human trafficking mean the recruitment, transportation, transfer, harbouring or receipt of persons Human trafficking, however, does not necessarily cross national borders, may occur within a country, which means leaving the family or community not the place where the person lives (from the place of origin, through transit and destination) But need to meet the condition at according the 2000 UN Convention against Transnational Organized Crime (UNTOC) determines an offence is ‘transnational’ Second, trafficking victims have never consented or, if they initially consented, that consent has been rendered meaningless by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person of the traffickers Third, the traffickers for the purpose of exploitation Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs Human trafficking, therefore, requires the purpose of crime to exploit victims to gain profit and not merely to trade Distinguishing from the migrant smuggling1 First, regarding the transnationality Smuggling is always transnational, whereas trafficking may not be Trafficking can occur regardless of whether victims are taken to another State or only moved from one place to another within the same State Second, regarding the consent The smuggling of migrants, while often undertaken in dangerous or degrading conditions, involves migrants who have consented to the smuggling Trafficking victims, on the other hand, have either never consented or, if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive actions of the traffickers Third, regarding the exploitation Smuggling ends with the migrants' arrival at their destination, whereas trafficking involves the ongoing exploitation of the victim in some manner to generate illicit profits for the traffickers From a practical standpoint, victims of trafficking also tend to be affected more severely and to be in greater need of protection from revictimization and other forms of further abuse than are smuggled migrants III Elements of human trafficking This table is an overview of Elements of Human Trafficking The Act (What is Recruitment, Transportation, Transfer, Harbouring or Receipt done) of persons The Means (How it is Threats or use of force, Coercion, Fraud, Deception, Abuse of Smuggling of Migrants is a crime involving the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident power or vulnerability or Giving payments or benefits to a done) person in control of the Victim Exploitation, including: Prostitution of others; Sexual The Purpose (Why it exploitation; Forced labour, Slavery or similar practices; is done) Removal of organs and the other forms of exploitation IV Examples as illustration First, this is a summary of a practical case to illustrate human trafficking The 53 victims of human trafficking were rescued in Derbyshire, UK, in 2017, according to a report published by Derbyshire County Council The victims come from Eastern Europe, South Asia and Southeast Asia from countries like Latvia, Slovakia, Bulgaria, India, Nepal, China and Vietnam A total of 53 people, including 21 minors, were illegally trafficked into the UK for illegal purposes The report said that "modern slaves" were forced to work as prostitutes, manicuring, packing in factories, housework, washing cars and producing drugs Criminal groups often lead victims to believe they will have a better situation than in their home country, which could hinder their cooperation with investigators Second, the features of trafficking in this case is shown that the traffickers have brought the victims from their residence to England Specifically in countries such as Latvia, Slovakia, Bulgaria, India, Nepal, China and Vietnam to the UK Most of the victims agreed, but their consent was based on the fraud of human traffickers and their purpose was to bring them to England to exploit their labor and body Third, Elements of Human Trafficking in this case is: About act of traffickers who have recruitment, transportation victims from their residence namely Latvia, Slovakia, Bulgaria, India, Nepal, China, Vietnam and receipt in the UK The traffickers then move the victims to the locations to exploit Regarding Means, according to a report published by the Derbyshire County Council, human traffickers engage in behavior by deception that the victims believe they will have a better situation than in their country so the victims volunteered to follow the traffickers Regarding purpose, traffickers conduct sexual exploitation, prostitution of victims and forced labor They force victims to work as prostitutes, manicure, pack in factories, housework, car wash and drug production Without pay, poor working environment and poor remuneration to provide maximum benefits to traffickers C CONCLUDE Through a comprehensive study of the features, elements, level of danger of human trafficking and a examples as illustration Therefore, countries around the world need to cooperate in the fight against human tracking to ensure world peace and security My assignment still has many limitations and I hope teachers will supplement it to make my work more complete Thank you, teacher LIST OF REFERENCES The International criminal law course (course materials and guidelines), Ha Noi Law University, Comparative Law Institute The report June 2019 of U.s Embassy & Consulate in Vietnam The 2000 UN Convention against Transnational Organized Crime (UNTOC) The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children https://www.unodc.org/unodc/index.html CONTENT ... from Eastern Europe, South Asia and Southeast Asia from countries like Latvia, Slovakia, Bulgaria, India, Nepal, China and Vietnam A total of 53 people, including 21 minors, were illegally trafficked... England Specifically in countries such as Latvia, Slovakia, Bulgaria, India, Nepal, China and Vietnam to the UK Most of the victims agreed, but their consent was based on the fraud of human traffickers... trafficking and a examples as illustration Therefore, countries around the world need to cooperate in the fight against human tracking to ensure world peace and security My assignment still has many