Aggravating circumstances of the crime of trafficking in human beings

Abstract

Summary Studying the aggravating circumstances of the crime of human trafficking requires us to investigate its concept, philosophy, and subjectivity. These circumstances may be linked to the behavior that constitutes the crime or related to the result resulting from the behavior, including what is related to the character of the perpetrator of the crime or the victim. These circumstances may also be mixed in terms of their impact on some of the elements of the crime. It is necessary to find a criterion to distinguish between them.

Therefore, we decided to address the concept of aggravating circumstances for the crime of human trafficking and its provisions in the Iraqi Anti-Human Trafficking Law No. (28) of 2012, highlighting in this a central point represented by a statement of the authority of the criminal court to apply those circumstances, supported by judicial applications, indicating in this the general and special aggravating circumstances. With an explanation of the reason for aggravating the penalty in each aggravating circumstance, with an explanation of the ruling in the case of the combination of several aggravating circumstances in one crime, or the combination of general aggravating circumstances with specific aggravating circumstances, asking about the extent of proportionality between the legally approved penalty and the criminal act committed in One or more aggravating circumstances.