TRANS Flashcards
It is offenses whose inception, prevention and/or DIRECT OR INDIRECT EFFECT involved more than one country.
Transnational Crimes
a CONTINUING ILLEGAL ACTIVITY of group of persons which is primarily concerned with the generation of profits, irrespective of national boundaries as a result of globalization.
Transnational Crime
refers to the RAPID DEVELOPMENT of the western culture that ultimately affects other cultures in the world as brought by intellectual and technological advances, in which some crimes occurring in other countries are attributed
Globalization
is a crime perpetuated by ORGANIZED CRIMINAL GROUP which the aim of committing one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other material benefits committed through crossing of borders or jurisdictions.
Transnational Organized crime
Transnational Crimes:
- Trafficking in Persons
- Terrorism
- Drug Trafficking
- Cybercrime
- Money Laundering
- Environmental Crime
- Economic crime
- Intellectual Property Theft
- Piracy and Armed Robbery Against Ships
- Illicit Trade (smuggling) of Small Arms and Light Weapons
Human Trafficking also called?
modern day slavery
Defined as the RECRUITMENT, TRANSPORT, TRANSFER, harboring or receipt of a person by such means as threat or use of force or other forms of coercion, abduction, fraud or deception for the purpose of exploitation
Human Trafficking
It is COMMITTED BY USED OF THREAT, or of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person
Means
It involves the RECRUITMENT, OBTAINING, HIRING, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons, with or without the victim’s consent or knowledge, within or across national borders
Act
What are the three (3) inter-related and interdependent elements of human trafficking that must be present?
1.Act
2. Means
3. Purpose
What is RA 9208?
Anti-Trafficking in Persons Act of 2003
It is done for the PURPOSE OF EXPLOITATION or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, involuntary servitude or the removal or sale of organs.
Purpose
What are the Commonly Identified Form of Human Trafficking?
1) Sexual exploitation
2) Forced labor
3) Domestic servitude and forced marriage;
4) Organ removal; and
5) Exploitation of children in begging, the sex trade and warfare
an act to institute policies to ELIMINATE TRAFFICKING IN PERSON especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations and for other purposes
RA 9208 -Anti-Trafficking in Persons Act of 2003
This Act shall be known as the “Expanded Anti-Trafficking in Persons Act of 2012″.
RA 10364
IMPORTANT DEFINITIONS:
(a) Trafficking in Persons
(b) Child
(c) Prostitution
(d) Forced Labor
(e) Slavery
(f) Involuntary Servitude
(g) Sex Tourism
(h) Sexual Exploitation
(i) Debt Bondage
(j) Pornography
refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders BY MEANS OF THREAT
Trafficking in Persons
refers to a PERSON BELOW EIGHTEEN (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition
Child
refers to any act, transaction, scheme or design INVOLVING THE USE OF A PERSON BY ANOTHER FOR SEXUAL INTERCOURSE OR LASCIVIOUS conduct in exchange for money, profit or any other consideration
Prostitution
refers to the EXTRACTION OF WORK OR SERVICES from any person by means of enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work or service extracted from any person under the menace of penalty.
Forced Labor
refers to the STATUS OR CONDITION OF A PERSON over whom any or all of the powers attaching to the right of ownership are exercised.
Slavery
refers to a condition of ENFORCED AND COMPULSORY SERVICE induced by means of any scheme, plan or pattern, intended to cause a person to believe that if he or she did not enter into or continue in such condition, he or she or another person would suffer serious harm or other forms of abuse or physical restraint, or threat of abuse or harm, or coercion including depriving access to travel documents and withholding salaries, or the abuse or threatened abuse of the legal process.
Involuntary Servitude
refers to a program organized by TRAVEL AND TOURISM-RELATED establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists.
Sex Tourism
This INCLUDES SEXUAL SERVICES and practices offered during rest and recreation periods for members of the military.
Sex Tourism
refers to PARTICIPATION BY A PERSON IN PROSTITUTION, pornography or the production of pornography, in exchange for money, profit or any other consideration or where the participation is caused or facilitated by any means of intimidation or threat, use of force, or other forms of coercion, abduction, fraud, deception, debt bondage, abuse of power or of position or of legal process, taking advantage of the vulnerability of the person, or giving or receiving of payments or benefits to achieve the consent of a person having control over another person; or in sexual intercourse or lascivious conduct caused or facilitated by any means as provided in this Act.
Sexual Exploitation
refers to the PLEDGING BY THE DEPTOR OF HIS/HER PERSONAL SERVICE of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
Debt Bondage
refers to any REPRESENTATION, THROUGH PUBLICATION exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.
Pornography
3 CATEGORIES OF TRAFFICKING IN PERSON:
A. Act Trafficking in Persons
B. Acts that Promote Trafficking in Persons
C. Qualified Trafficking in Persons
PENALTY OF Act Trafficking in Persons
Imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00);
PENALTY OF Acts that Promote Trafficking in Persons
(15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
What is (IACAT)?
Inter-Agency Council Against Trafficking
PENALTY OF Qualified Trafficking in Persons
life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
What protections are given to trafficked persons?
*Legal Protection
*Free Legal Assistance
*Right to Privacy and Confidentiality
*Witness Protection Program
is the BODY MANDATED BY LAW to coordinate and monitor the implementation of Republic Act No. 9208, or the Anti-Trafficking in Persons Act of 2003, with the Department of justice as the lead agency
Inter-Agency Council Against Trafficking
CONDUCT MANY DIFFERENT SUBJECTS geared towards the elimination of trafficking in persons in the Philippines, prevention of the occurrence of trafficking, the protection and rehabilitation of victims and conviction of trafficking offenders
Inter-Agency Council Against Trafficking
