Ruxandra RĂDUCANU, PhD
Full Professor of Criminal Law
University of Craiova, Law Faculty
Due to the fact that migration has grown, it is necessary to establish the correct constitutive elements of the criminalization of migrant trafficking in the Romanian legislation, as well as the elements whereby this act differs from others with similar content, such as trafficking in persons or procuring, and setting up an organized criminal group.
The main element is the social value that the legislature intended to protect by criminalizing the act, namely the state border, a value which prevails over the freedom of the individual and which essentially distinguishes between the offence of migrant trafficking and the offence of human trafficking despite the similarities of the material element of the two offences.
Therefore, a correct assessment of the connection between the offence of migrant trafficking and human trafficking is required in order to hold or not the concurrence of the two acts in case the illegal crossing of the state border involves victims of human trafficking or child trafficking.