1. Corso S.C.I.P.
22 maggio 2014

2.  The phenomenon of trafficking in human
beings is closely related to the smuggling
of migrants;
 In the state of current knowledge, we
may assert that usually there is no
trafficking in human beings without
smuggling of migrants, while the
opposite is not always true.
 Compared to smuggling of migrants,
which implies a range of logistics and
support activities with the aim of
transferring illegal migrants from one
country to another, trafficking in human
beings manifests itself with
characteristics of major social alarm, in
view of the purposes of trafficking such
as, for example, sexual exploitation,
labour exploitation, illegal adoptions and
in view of the illicit proceeds of the
trafficking activities;

3.  Unlike smuggling of migrants - that due to
illegal border crossing necessarily implies a
transnational dimension - human trafficking
can be a nationwide phenomenon; however,
according to intelligence and investigative
findings, it can hardly affect one single State.
 In fact, the more complex the flows controlled
are, the more sophisticated the criminal
structure of the groups operating in this field.
This implies a well-established structure in
various source, transit and destination
countries.

4.  In any case, the connections and similarities
between smuggling and trafficking often result
in cooperation between the organizations
involved in trafficking and those engaged in
smuggling and in the overlapping of such
criminal phenomena. This is the case of Chinese
illegal immigration in which – even though the
organization-migrant relation is initiated by the
latter, thereby escaping recruiting mechanisms
typical of human trafficking – after reaching
his/her destination, like in human trafficking,
the migrant is exploited for sexual or work
purposes in order to settle the debt incurred to
pay the trip.
 For these reasons it can be said that:

5. INTEGRATED
CRIMINAL
CIRCUIT
Trafficking
Smuggling

7. DIFFERENCES
Initial stage
Geographical
range
Final stage

8. Useful elements
to start an
analysis of a
single case:
Aimed at
verifying:
- Continuous
subjection
- Exploitation
Supported by:
- Analysis of the social and criminal context
where the victim was found
- Investigation activities
- International cooperation

10. Social and
criminal
context
Traffickers
Victims
• Cultural, economic, social, legal,
environmental factors
• Migration flows and foreign
communities
• Transport and communication
availability
• Demand for illicit services at low
cost
• Presence of criminal networks
• Age, gender, nationality,
• Illegal stayer’ status
• Personal relations with the
trafficker
• Cultural and/or social
background

11. • Recruitment by using violence or threat
• Deception concerning the working
conditions
• Deprivation of self-determination capacity
• Logistic and/or working management by
traffickers; seizure of documents;
• Disappearances, violences, murders
• Handing over to other traffickers
• Misappropriation of earned money (debt
bondage)
• Retaliation threats to victims in case of
report to the Authorities
• Management of remittences and gains sent
abroad
Elements
common to
all forms of
exploitation

12. • Coercion to prostitution
• Time arrangement
• Constraint to commit
crimes closely related to
trafficking
• Obstruction to turn to
the Authorities
Specific
indicators
of sexual
exploitation

13. • Constant control of workplace
• Denying the trade-union rights
• Unreasonable and punitive deductions
from wage
• Presence of illegal recruiters when
workers are payed
• Forcing to stay in the workplace
• Forcing to work in serious unhealth /
unsafe places
• Obstructing the admittance to health
protection
Specific
indicators
of labour
exploitation

14. • Forced shelter/house-sharing
• Impossibility to have a free life
• Forced assignment to employers
• Sending minors to fixed placed
to commit mendacity or
pickpocketing
• Pick up minors from the
reception centres
Specific
indicators
of other
forms of
exploitation
(mendacity,
criminal
activities, etc.)

15. SUBJECT OF
TRAFFICKING
(PERSONS, NOT
THINGS)
TRANSNATIONALITY
OF THE
PHENOMENON
UNIFIED VIEW OF
TRAFFICKING
NEED FOR
INTERNATIONAL
COOPERATION
INVESTIGATION
PROCEDURES

16. SUBJECT OF TRAFFICKING:
 In illegal immigration, the subject of
trafficking consists of “ PERSONS ”
differently from other types of crime,
which have “ THINGS” as their subject;
 In both cases there is, however, a
country of origin, transit and
destination;
 In both cases, the subject of trafficking
is often “sold” by an organisation to
another;
 In both cases, there is a need for strong
international cooperation to counter it;

17. TRANSNATIONALITY OF THE PHENOMENON
 Criminal organizations, which manage the movement of
large numbers of migrants to several States, are
necessarily composed of operational cells;
 Often formed on an ethnic basis;
 Dealing with logistics, transport and crossing of land
and sea borders;

18. UNIFIED VIEW OF TRAFFICKING
 The “ORGANISATION” of
investitgations must be set against
“CRIMINAL ORGANISATION”;
 It’s necessary to create
“investigative groups”, otherwise,
such criminal activities are not
combated and we do not even realize
that they exist;
 The working method adopted must
be made known to all Territorial
offices involved in single cases,
which, if dealt with individually do
not identify the existence of a
structured criminal organisation;
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19. UNIFIED VIEW OF TRAFFICKING
Multidisciplinary approach: The “3P principle”
 PROSECUTION: from investigation activities it emerges that
criminal activities begin in the country of origin of victims where
recruiters are closely related to exploiters in the places of arrival;
 PROTECTION: it’ s important to ensure a positive “environment” to
victims through our national law remedies, given the victim’
tendential mistrust in the institutions of the place of arrival and
considering that they see the trafficker as their benefactor;
 PREVENTION: start of information campaigns and adoption of
policies aimed at supporting vulnerable groups;
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20. NEED FOR INTERNATIONAL COOPERATION
 Only through police cooperation it’s possible to carry out
investigations that contribute to effective action to combat the
phenomenon of T.H.B.:
 Interpol
 Europol
 S.I.Re.N.E.
 I.L.O. ‘s (Liaison Officers)
 At the level of judicial cooperation there is, however, little use of
requests for mutual legal assistance in criminal matters related
to T.H.B. for:
 Lack of ad hoc rules in a number of countries;
 Insufficient willingness to cooperate;
 Long waiting times;
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21. INVESTIGATION PROCEDURES
1. Examination of illegal immigrants, straight after
their tracing, in order to obtain information about:
 Departure place;
 Vehicles used for transport (company brand –registration plates –
colour);
 Traffickers identification (description –places);
 Phone numbers used by traffickers (organizers and passeurs);
 Sum and mode of payment relating to the journey;
 final destination or any contact man who, as a member of the criminal
association, assists in the crossing countries, the illegal immigrants;
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22. INVESTIGATION PROCEDURES
2.Searches carried out on people and means of
transport used for human trafficking, in order to
reveal any element open to investigation:
• Documents;
• Notes reporting names, addresses and phone numbers;
• Phone numbers (phone numbers stored; the last phone numbers
called);
• Foodstuffs and receipts to identify the country of origin;
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23. DETAILS
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24. INVESTIGATION PROCEDURES
Illegal immigrants identification
Within the investigation related to
the smuggling of migrants and
trafficking in human beings, it has
been ascertained that subjets
under investigation are often
foreign nationals, mostly coming
from the African countries,
without identity documents,
whose identification is made by
the sole certain element:
FINGERPRINTS
24

25. INVESTIGATION PROCEDURES
Illegal immigrants identification
A.F.I.S. System
 All illegal immigrants traced in Italy are
identified by taking their fingerprints, left
by the fingerprint sweat.
 A.F.I.S. System permits to compare in real
time fimgerprints stored in the national
database and to detect the person’s
criminal record.
 On several occasions, immigrants, already
expelled fron Italy, have been arrested at
the moment of landings, thanks to the a/m
system.
25
Automated
Fingerprint
Identification
System

26. INVESTIGATION PROCEDURES
Smugglers identification
A.F.I.S. System
 The a/m system provides an essential
support to investigations targeted to arrest
“PEOPLE SMUGGLERS”;
 It has been ascertained that Lybian
criminal organisations use able Tunisian
or Egyptian seamen to steer ships, who,
before implementing A.F.I.S. system,
could run away the refugees centres where
they were brought, in order to return to
Lybia and set out on a new journey.
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Automated
Fingerprint
Identification
System

28. The residence permit issued
for social protection purposes
(art.18 LEG. DECREE 286/98)
 Scope;
 Double-track system;
 Assumption, duration, opportunities;
 Dual aim:
 Combating traffickers’ network;
 Protection for victims;
 Applicability to EU citizens;
 Proposal for introduction at European level;
 Currently in use, but not for social purposes, in the
legislation of some E.U. member States;
 Attempt to extention to the labour exploitation;

29. Art. 13 l. 228/03:
Fund for an emergency assistance
program to T.H.B. victims
Art. 16 bis l. 8/91:
Protection measures for
mafia – crime witnesses;