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A new European network to exchange and transfer knowledge and ...

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increase the imposed <strong>to</strong>tal most serious punishment by no more than one half, but the thus<br />

increased punishment cannot exceed the sum of the individual punishments, or the<br />

maximal size stipulated for the respective kind of punishment. Very often trafficking is<br />

combined with multiple acts of rape, severe injuries, <strong>and</strong> threats with murder, which are<br />

separate crimes <strong>and</strong> cannot be absorbed by the crime of trafficking. It is difficult <strong>to</strong> prove<br />

most of these crimes <strong>and</strong> <strong>to</strong> seek justice for them. In most of the cases these crimes remain<br />

unpunished.<br />

The crimes against sexual exploitation, mentioned above, <strong>and</strong> namely, persuasion <strong>to</strong><br />

prostitution <strong>and</strong> abduction for the purpose of debauchery are clearly trafficking- related<br />

crimes. The correlation between them <strong>and</strong> the crimes of trafficking is dealt by the<br />

aforementioned Interpretative Decision No. 2 of the Supreme Court of Cassation.<br />

Of relevance <strong>to</strong> sexual abuse of children are also most of the crimes against Marriage, Youth <strong>and</strong><br />

the Family- Chapter 4 of the Criminal Code:<br />

1.Who compels somebody by violent means <strong>to</strong> enter matrimony <strong>and</strong> for this reason the marriage<br />

is annulled shall be punished by imprisonment of up <strong>to</strong> three years; Who abducts a female<br />

person with the purpose of compelling her <strong>to</strong> enter matrimony shall be punished by<br />

imprisonment of up <strong>to</strong> three years, <strong>and</strong> if the victim is underage the punishment shall be<br />

imprisonment of up <strong>to</strong> five years. 32<br />

2.A parent or other relative who receives ransom in order <strong>to</strong> permit entering matrimony by his<br />

daughter or a relative shall be punished by imprisonment of up <strong>to</strong> one year or by a fine of one<br />

hundred <strong>to</strong> three hundred levs, as well as by public reprim<strong>and</strong>. The same punishment shall be<br />

imposed <strong>to</strong> those who gives or mediates in the giving <strong>and</strong> receipt of such a ransom. 33<br />

3.A parent or a guardian, who leaves a person under parental care or guardianship without<br />

supervision <strong>and</strong> enough care, thus creating a danger for his physical, mental or moral<br />

development, shall be punished by imprisonment of up <strong>to</strong> one year or by corrective labour, as<br />

well as by public reprobation. 34<br />

4.Who compels a minor or underage person <strong>to</strong> commit a crime or <strong>to</strong> prostitute shall be<br />

punished by imprisonment of up <strong>to</strong> five years <strong>and</strong> by public reprobation. If harmful<br />

consequences have occurred for the physical, mental or moral development of the aggrieved,<br />

unless the act represents a more serious crime, the punishment shall be imprisonment of one <strong>to</strong><br />

six years <strong>and</strong> public reprobation. 35<br />

5.Who <strong>to</strong>rtures a minor or underage person placed under his care or whose bringing up is<br />

assigned <strong>to</strong> him, unless the act represents a more serious crime, shall be punished by<br />

imprisonment of up <strong>to</strong> one year or by corrective labour, as well as by public reprobation. 36<br />

32<br />

33<br />

34<br />

35<br />

36<br />

Penal Code, Article 177<br />

Penal Code, Article 178<br />

Penal Code, Article 182<br />

Penal Code, Article 188<br />

Penal Code, Article 187<br />

73

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