Значението на квалифициращите признаци по чл. 159а, ал. 2 НК за определяне на понятието за трафик на хора в българското законодателство
The Significance of the Aggravating Circumstances under Art. 159a, para 2 of the Criminal Code for Defining the Concept of Human Trafficking, according to Bulgarian Legislation

Summary/Abstract: The article discusses the content of the aggravating circumstances which increase criminal liability for human trafficking under Art. 159а, para. 2, sections 2—6 of the Criminal Code. The scope of application of each provision is outlined and a differentiation between them, in border-line cases, is made. The author also elaborates on the criminal-law significance of the victim’s consent for the proper legal qualification of the act, and suggests classifications of the methods with regard to their impact on the will of the victims, their influence on the object of the crime, and their applicability with respect to the different forms of the criminal act and the different exploitation purposes. The article provides a thorough analysis of the effects produced by the deviation of the criminal-law regime of the methods of human trafficking from other relevant national and international legal standards. With a view of this, certain suggestions de lege ferenda are discussed.

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