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

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 6 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.

1


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
1. 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

2


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.
2. 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
1 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.

3


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

4


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.

5

LIST OF REFERENCES
1. The International criminal law course (course materials and guidelines), Ha Noi
Law University, Comparative Law Institute.
2. The report June 2019 of U.s. Embassy & Consulate in Vietnam.
3. The 2000 UN Convention against Transnational Organized Crime (UNTOC).
4. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children
5. />
6


CONTENT

7