Aspects Regarding the Application of the Romanian Criminal Law in Time and Space in the Case of Crimes of Modern Slavery and Human Trafficking

Abstract

From the point of view of the application of the Romanian criminal law in time and space, when we refer to modern slavery and human trafficking, we must necessarily consider the national and transnational form it takes on in the various ways of manifestation. Therefore, the situations of interest that will be presented are found primarily in the field of the application of the more favourable criminal law, as part of the application of the Romanian criminal law over time, because we must take into account the transition period that the criminal law in Romania is still going through, then in the application of the criminal law in space with reference to the place of the commission of the crime, or even the performance of an act or only the production of the result, in direct connection with the Theory of ubiquity, when we consider the act committed on the territory of Romania. Last but not least, a relatively recent legislative amendment will be discussed that concerns the provisions of Art. 9 Criminal Code which provides for the application of the Romanian criminal law in the case of crimes committed outside the territory of the country by Romanian citizens. Regarding the active subject of crimes in the sphere of modern slavery and human trafficking, reference is made to those situations when it is qualified.