Citation

Minthe E. Monatssc. Kriminol. Strafrechtsreform 2007; 90(5): 374-387.

Copyright

(Copyright © 2007)

DOI

unavailable

PMID

unavailable

Abstract

In 1992, the German law concerning the prosecution of human trafficking was changed by the 26th Strafrechtsdnderungsgesetz (until 2005 StGB, paragraphs 180b, 181). Critics considered the modifications to be unclear and difficult. This article presents some of the results of a research project which, at the behest of the German Federal Ministry of the Interior, was carried out by the Centre for Criminology in Wiesbaden and the Max Planck Institute for Foreign and International Criminal Law in Freiburg to analyse the decreasing number of lawsuits in this area. The centrepiece of the investigation concerned changes to prosecution procedure. This was carried out through the use of file analysis. It had often been alleged that the charge of human trafficking was dropped during the primary phase of the trial. This was understood as providing an indication of informal, behind the scenes, bargaining. The rate at which the regulations are applied, as well as their success, was therefore analysed. With regard to success, it was found that StGB paragraph 180 b subsection 2, number 2 should be utilised in prosecuting human trafficking to ensure that more than a "deal" is achieved. That said, the potential for sanctions to be handed down is nevertheless high, with custodial sentences and youth custodies being imposed in a surprisingly often fashion. (English)