Description:
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The new provision on THB in the Dutch Criminal Code which entered into force on 1 January 2005 has led to a considerable broadening of the behaviour that can be regarded as THB. Yet, the legislator has not defined precisely enough the legal terms that appear in the broadened article of the Criminal Code, leaving it to those who implement the provision in practice to draw the line. As a result, the new provision on THB cannot automatically stand the test of the 'lex certa' criterion. For the area of exploitation in other sectors than the sex industry, it contains undesirable loose ends. This article by the Bureau of the Dutch Rapporteur on THB sets out markers for a more precise definition.
This is a translation (of 8 January 2007) of 'Mensenhandel: het begrip uitbuiting in art. 273a Sr.', published in a magazine for the Dutch judiciary in September 2006, Trema - Nr. 7, pp. 286-290 |