| Abstract [eng] |
Human trafficking is modern slavery, that is incomprehensible to a 21st century person living in a legal state. This slavery – a crime – violates natural human rights – legal goods (values) that are established in the constitutions of many countries and international law. The unstoppable process of globalization is increasing cross-border exchange and improvements in various fields, which are being exploited by perpetrators of crime. This global problem, which also exists in Lithuania, is addressed in the master's final thesis on the topic „Particularities of human trafficking investigation“, the subject – the phenomenon of human trafficking. The aim of the research – is to analyse the peculiarities of the human trafficking investigation, evaluating the international, regional, national legislation on combating trafficking in human beings and examining the methodology of the human trafficking crime investigation and today's problems. To achieve this goal, the research tasks were set: to reveal the concept of human trafficking; evaluate the content of Lithuanian legal acts regulating the fight against human trafficking and the European Union and other international legal acts that have influenced it; to examine aspects of the methodology of investigation of human trafficking crimes; to analyze the problems encountered by law enforcement officials and prosecutors during the pre-trial investigation of human trafficking and to suggest directions for its improvement. In the theoretical part of the thesis, the analysis of scientific literature concludes that human trafficking is a phenomenal social expression – an illegal „business“ of buying and selling people, the emergence and prosperity of which depends on socio-economic reasons. The analysis of international, European Union and national documents concluded that Lithuania has signed and ratified the international documents against human trafficking, the requirements of which it fulfilled, but by choosing to violate the requirements of legal technique – the brevity of the norm – therefore specific options for adjusting the norm of human trafficking were presented. Based on the analysis of literature sources and interview data, it was concluded that there is a wide variety of the concept of criminalistic characteristics of crimes, but most scientists agree that the most important thing is not the number of elements that make up the concept, but the correlations that connect them, and that a new structure of the criminalistic characteristic of the human trafficking crime was presented. The questionnaire survey highlighted the main features of the investigation of trafficking in human beings cases. Based on the results of experts interviews, it is concluded that the problems of the investigation of human trafficking crimes are determined by the peculiarities of the investigation of these crimes. It was concluded that the most pressing problems are: the characteristics of the victims of human trafficking; the transnational crime and the lack of basic knowledge about human trafficking. In order to eliminate these problems or at least reduce them, the directions for improving the investigation are presented. |
