Harsher penalties for human trafficking

The suspended execution of sentences will no longer be applicable to aggravated forms of human trafficking. This provision is included in the draft law on preventing and combating human trafficking and protecting victims, which was passed today by Parliament in its first reading.

The legislative initiative was presented by the Secretary of State of the Ministry of Justice, Mihai Gheorghieș. He emphasized that the document aims to align national legislation with European norms and to strengthen the Republic of Moldova’s capacity to prevent and combat this phenomenon in a coherent, effective manner, in line with its international obligations.

“Through this draft law we are strengthening victim protection, improving international cooperation and ensuring a firmer criminal-law response, in accordance with international standards. On the criminal component, we are excluding the application of suspended execution of sentences for aggravated forms of human trafficking, establishing a stricter sanctioning regime,” said Mihai Gheorghieș.

The draft also extends the criminalization of retaining a victim’s documents when these are used as a means of control or coercion, even if they were initially handed over voluntarily.

“Likewise, we are expanding the forms of exploitation by including forced marriage, servitude and the transfer of control over a person, including in the absence of the victim’s geographical movement. At the same time, we are introducing aggravating circumstances for acts committed through information and communication technologies, with a focus on cases of online sexual exploitation. On the procedural side, we are including victims of human trafficking in the category of vulnerable procedural subjects. Their hearings will be guaranteed in the presence of a lawyer and, where appropriate, a psychologist, in order to reduce the risk of re-victimization,” added Mihai Gheorghieș.

In the area of social assistance, support provided to victims will take into account their actual needs, depending on gender, age and disability.

“Placement in assistance centres will be established for an initial period of 30 days, and its extension will depend on the individualized assistance plan. Thus, we are abandoning the capping of placement duration and regulating a minimum package of free medical and psychiatric services. For child victims, we are introducing the immediate appointment of a legal representative when there is a conflict of interest with the parents. At the same time, we are extending support measures to the child’s family, including members who are temporarily abroad. For foreign citizens identified as victims, we are allowing them to work during their temporary stay, without the obligation to obtain an additional work permit,” underlined Mihai Gheorghieș.

Strategic monitoring of the phenomenon and the evaluation of human trafficking trends at national and international level will be carried out by the National Coordinator for Combating Human Trafficking. The draft law is to be examined by Parliament in a second reading. After adoption, the legislative amendments will enter into force three months after publication in the Official Journal.