The Spreme Court's thoghtlessness towards victims off traffiking in human beings Judgment 960/2023 of the Second Chamber of the Supreme Court of 21 December

The analysed judgement goes beyond the specific case it is judging by making important pronouncements on the “non-punishment principle” of victims of trafficking in human beings contained in Art. 177 bis 11 of the Penal Code, which restricts the application of this principle, which is a right of the victims. It does so, moreover, with a sloppy motivation that does not correspond to the novelty and transcendence of the issues raised, nor to the human rights approach to the victims of trafficking, which requires a reinforced duty of care and motivation.

The Supreme Court's judgement overturns an acquittal and sends the case back to the lower court to examine other possibilities of adjusting criminal liability to Angelina's situation of need and extreme vulnerability and to the abuse that was made of her. This paper concludes by pointing out some of these other possible paths.