CHARACTERISTICS OF CRIMINAL PROCEEDINGS FOR THE CRIMINAL OFFENCE OF HUMAN TRAFFICKING COMMITTED TO A MINOR BY A PARENT

Abstract

The author analyzes the characteristics of criminal proceedings for the criminal offense of human trafficking, committed against a minor by his parents. In the introductory remarks, basic notes were given about the specifics of this criminal procedure, which arise from the characteristics of the perpetrator and the passive subject of the crime. Then, the features of the criminal offense of human trafficking from Article 388 of the Criminal Code of the Republic of Serbia were discussed and certain international acts and standards of importance for the topic of the work were pointed out. The author pointed out the general characteristics of these criminal proceedings, and special attention was paid to the procedural position of the minor as a victim and protection from secondary victimization. The general principles of protection of these persons in criminal proceedings were considered in accordance with the provisions of the Code of Criminal Procedure and the Law on juvenile offenders and the criminal protection of minors. Their position as privileged witnesses and the manner of questioning were analyzed, as well as the conditions for familiarizing themselves with the content of the minutes of their statements. The specificity of the criminal proceedings under consideration is the participation of certain state institutions – the Center for Social Work and the Center for the Protection of Victims of Human Trafficking, and their procedural position was indicated. In conclusion, the author referred to the analysis performed and presented proposals for more substantive protection of injured minors from secondary victimization in these criminal proceedings.