Maltese criminal law on human trafficking

Abstract

Since the outset of organised criminality human trafficking has adapted to current methods of interception and prosecution in criminal law matters, rendering it one of the most serious activities falling under organised crime. In fact over numerous decades various parts of the world particularly those less developed or going through times of crisis have fallen prey to traffickers of human beings who have exploited the vulnerability of their victims so as to entice them into the trafficking ring. This and the various means used by traffickers as well as the purpose for the trafficking, not excluding the fact that humans are untimately being used by these traffickers to generate illicit profit, is what renders human trafficking so dispecable. Moreover globalisation and the ongoing development worldwide as well as modern communication methods and freedom of movement have contributed greatly to the facilitation and eventual increase of human trafficking activities and this has ultimately raised the alarm worldwide for adequate methods to be taken in order to curb this phenomenon. This dissertation aims at focusing on an analysis of the specific offences in the Maltese Criminal Code as well as the amendments which have recently been introduced in the Maltese legal system particularly during the last decade. This will be done also by referring to international sources during the same time-frame in order to obtain insights and elucidations as to the meaning and scope of the various elements of human trafficking and to the prosecutorial and investigative measures used in order to address this problem. For a better understanding of the Maltese law regulating the human trafficking activities and related offences and the reasons why they were introduced, reference will also be made to case law regarding similar offences. In the light of the above, adequate recommendations will be put forward throughout the dissertation in order to suggest methods in which to improve the Maltese set-up against human trafficking offences including the introduction of a new legal instrument specifically dealing with human trafficking. In view of the importance being given to the human trafficking phenomenon, more commonly referred to as a modern-day form of slavery and gradually receiving international recognition as a universal offence, such analysis and amendments are considered impending and highly essential for the current Maltese legal system.