Helsingen Hovioikeus 2007:722

The issue here was whether defendants Ilves, Marttila, Zdanovits, Hilden, Maalinn, Traublum and Angelsctock were guilty of aggravated trafficking in human beings of a mentally handicapped person and of aggravated pandering. According to Chapter 25 Section 3 a of the Finnish Criminal Code (39/1889, as amended) (the "Criminal Code"), if, in trafficking in human beings, (i) violence, threats or deceitfulness is used instead of or in addition to the means referred to in section 3,(ii) grievous bodily harm, a serious illness or a state of mortal danger or comparable particularly grave suffering is intentionally or through gross negligence inflicted on another person, (iii) the offense has been committed against a child younger than 18 years of age or against a person whose capacity to defend himself or herself has been substantially diminished, or (iv) the offence has been committed within the framework of a criminal organization referred to in chapter 17, section 1a, subsection 4 and the offence is aggravated also when considered as whole, the offender shall be sentenced for aggravated trafficking in human beings to imprisonment for at least two years and at most ten years. Seemen had come to Finland from Estonia to work as a prostitute. According to doctor's testimony, she was mentally handicapped. The Court concluded, in the light of the evidence presented, that Seemen had been threatened by violence and her freedom had been restricted by the defendants. The elements of trafficking were present as a whole when taking into account the intensiveness of the submission, even though Seemen might still have had her passport or key to the apartment. The Court of Appeal considered that the defendants were guilty of aggravated trafficking in human beings. Seemen, who was mentally handicapped, had been deceived and mislead into working as a prostitute in Finland. The court dismissed the claims of aggravated trafficking in human beings against Marttila and Hilden on grounds that they could not have been seen in having such a close connection with Seemen even though they were belonged to a criminal organization responsible for pandering. The Court also held that Angelstock was guilty only of abetting aggravated trafficking in human beings. According to Chapter 20 Section 9a(1) of the Criminal Code if, in pandering, (i) considerable financial benefit is sought, (ii) the offense is committed in a particularly methodical manner, and the offense is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated pandering to imprisonment for at least four months and at most six years. According to the Finnish government proposal (34/2004), for the Criminal Code, "considerable financial benefit" would meant cases where the benefit is larger than on average. The Court decided that Ilves, Marttila, Zdanovits, Hilden, Malinn and Traublum were guilty of aggravated pandering. They were ordered to forfeit the proceeds of the crime and to pay damages to Seemen.




Court of Appeal of Helsinki

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