O POTRZEBIE ZMIAN KODEKSU KARNEGO W ZWIĄZKU Z RATYFIKACJĄ PROTOKOŁU O ZAPOBIEGANIU ORAZ KARANIU HANDLU LUDŹMI
THE NEED OF MODIFICATION OF PENAL CODE RESULTED FROM THE RATIFICATION OF THE PROTOCOL TO PREVENT, SUPRESS AND PUNISH TRAFFICKING IN PERSONS

Summary/Abstract: The article discusses the problem of purposefulness of introduction into Polish penal code of 1997, a definition of the notion “trafficking in persons”. The provision of the article 253 of Penal Code provides for severe punishment for the person who exercises trafficking in persons, without defining the understanding of the notion of “trafficking”. The definition of crime provided for in paragraph 4 of the art. 203 of Penal Code covers partially the elements of the definition of trafficking admitted in international instruments The broad definitions of this notion contain, on the one hand, the additional protocol to the UN Convention on Combating International Organized Crime, additional protocol to the UN Convention on the Rights of the Child and, on the other hand, the EU framework decision on combating trafficking in persons (2002/629/JHA). The status of those two kinds of instruments (conventions and framework decisions) in national law is different (the provisions of conventions may be applied directly; the framework decision must be implemened into national law). Also, the scope of regulation of the instruments mentioned above differs in some respects. The article discusses many legal, practical and ideological arguments supporting the idea of explicit introduction of the definition of trafficking into Polish penal code, already accepted in international law.

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