Slovak Republic, Supreme Court, Decision No. 113/1999, File No. 3 To 61/98

In the summer of 1995, Mr. P.Š. and Mr. K.P. (the defendants) transported juvenile Ms. Š.N. and juvenile Ms. A.G. (the Aggrieved) to Prague under the guise of providing employment.  The defendants intended to sell the Aggrieved to R.R. into prostitution. After examining the Aggrieved primarily on the basis of their moral standing and their relationship with the defendants, the district court acquitted both defendants. Subsequently, the Prosecutor appealed the decision to the Supreme Court.  The Supreme Court quashed the decision of the district court and found the defendants guilty of trafficking in women.  It further held that an examination of the moral standing and the relationship of the Aggrieved to the defendants was unreasonable.  The Supreme Court clarified that the criminal act of trafficking in women is committed if a woman is lured (i.e., by promises, offers of money, etc.), hired (conclusion of any agreement, including illegal agreements about the trafficking of women to another country), or transported to another country (crossing of a border being sufficient, the specifics of the actual location not required) for the purpose of prostitution.  It is irrelevant whether the women in question actually worked as prostitutes or not, the intention to work as a prostitute is sufficient.  The Supreme Court ordered the district court to re-examine the case.



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