Exclusion of Criminal Responsibility of Victims of Trafficking in Human Beings for Committed Crimes During Victimization

Abstract

The crime of human trafficking in the phenomenological sense is a complex crime. Victims of trafficking are
in many cases discriminated against in multiple ways, as victims and then as one of the parties in criminal proceedings.
The modus operandi of the crime of trafficking in human beings is intentionally exposing the victim to the risk of incrimination and manipulating them to participate in criminal activities. In the exploitation phase, the victim can often find
himself in situations that have the characteristics of certain misdemeanors and criminal acts. The research is based on the
analysis of the position of the victim during the criminal proceedings, where the question of her criminal responsibility
as a perpetrator of various crimes during her victimization also arises. The paper points out the legal inconsistency of the
issue of punishing victims of human trafficking in the Republic of Serbia, as well as the necessity of adopting legal regulations that would foresee such cases and legally materialize them. This is an insufficiently researched criminal matter.