In the context of the Program of Continuous Formation, the School of Magistrates organizes on 26 June, 2023 the training activity on topic:
“Trafficking of human beings, adults and minors. National and international applicable legal framework and forms of the commitment of the crime of trafficking. Methods, specific techniques in conducting investigations on trafficking and instruments of judicial reciprocal assistance in the function of investigation. Specifics of the interviewing of minors, victim of trafficking. ”
The panel in this training activity is composed of:
- Mrs. Arta Mandro, expert;
- Mrs. Tereza Merkaj, expert;
- Mrs. Eliora Elezi, facilitator.
The purpose of this training activity is the recognition of the nature of this serious crime, instruments of the Council of Europe and of the European Union (Acquis communautaire) in the war against it under a comparative view to our domestic law.
Of special importance is the analysis of the assessment of the position of victims of the criminal offense, reasons and circumstances of their inclusion in criminal activities. Efficient investigation and the use of technology to track the fact and to collect evidences appear as an essential element in the war versus trafficking with the same intensity as this like one is done.
In this activity were elaborated various topics such as:
- International standards regarding human trafficking and the consideration of the best interest of the child;
- The consideration of the best interest of the child. The best interest of the child – a basic principle in criminal offenses of human trafficking;
- The concept of, “child trafficking” and the analysis of the unifying judgment no. 217/2022 of the Criminal College of the High Court for the identification of the forms of human trafficking in criminal facts;
- The interviewing of the child victim in the criminal process and specifics of the process of interrogation depending on the age of the child. Basic rules to interview the child in the criminal process;
- Treatment of the child victim in the criminal process, the preparation of the child for the interview and phases of this process;
- National legal framework on human trafficking. The concept of “human trafficking.” Forms of the commitment of human trafficking;
- Methods, special techniques on the making of investigations of trafficking and reciprocal assisting legal instruments in the function of investigation;
- Elaboration of cases of human trafficking of judicial practice;
- How do you know and implement the international instruments regarding human trafficking in your activity?
- What are your difficulties? Do you have difficulties in the meaning of the principle of the best interest of the child and of those of friendly justice for children? What do these include?
- What are the features of the norms that guarantee the rights of the child in cases of human trafficking?
- How do you understand? To know the child. To understand the child. This is the beginning and the base of everything. Put the child at the center. Walk side by side with the child;
- How should be understood the expression? ‘A special protection’ in the dynamics of actuality and the development of the child? Notice! The guaranteeing of the rights of the child in the criminal process is a dynamic case and under development. [General Comment no. 24 (2019) of the Committee on the Rights of the Child “The rights of the child under the law on minors”, (replaced CC 10 of 2007)].
- Could the ‘trafficking of minors’ be under facilitating circumstances, in the case when is given the consent of the child?
- Where is the difference between ‘child trafficking’ and the criminal offence foreseen by the Article 128/b, second paragraph of the CC?
- What about the criminal offense foreseen by the Article 114/2 of the CC, ‘exploitation of prostitution, done with minors in serious circumstances’?
Quiz: https://egg.al/quiz/qsm_quiz/formulari-i-trajnimit-26qershor/
