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The Court of Appeal dismissed the appeal filed by the Prosecutor's Office as unfounded on the following aspects:

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  First it should be noted that the evidence provided during the appeal did not change the facts as it was held by the first court, outlining the same objective reality with regard to the defendants’ facts.
  
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  Prior to the examination of the objective and subjective elements of the crime of trafficking in persons, the Court finds that all the grounds of illegality of the prosecution put forward mainly by the defendant A.H. that had already been submitted, will not be any more examined on appeal, as through the conclusion dated 23.10.2012 handed down under the Criminal Procedure Code of 1969; under the provisions of Art. 300 of the Criminal Procedure Code of 1969 there were rejected all the pleas raised by the defendants concerning the invalidity of the prosecution; unde the provisions of Art. 300 of the Criminal Pricedure Code of 1969 it was ascertained the regularity of the court’s document instituting the proceedings, the said conclusion being final. Therefore, the issues to be examined by the Court shall be limited only to the merits and legality of the decision made on the merits of the case by the first instance due to the elements amounting to the crime of human trafficking as labor exploitation.
  
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  To examine the objective and subjective side of the crime under Art. 12 of Law 678/2001, first it must be specified the content of this crime.
  

 Under the provisions of Art. 12 of Law 678/2001 "the crime of human trafficking means the recruitment, transportation, transfer, harboring or receipt of persons by means of threat, force or other forms of coercion, abduction, fraud or deception, abuse of authority or taking advantage of the impossibility of that person to defend or to express his/her will or by offering, giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of his/her exploitation is punishable by imprisonment from 3 years to 10 years and interdiction of certain rights.

Human trafficking is a crime against personal freedom, committed by traffickers with the purpose of exploiting a person. Human trafficking violates the fundamental human rights and freedoms, from the freedom of movement, communication or expression, to the right of any human being to dignity, security, physical and mental integrity, and in extreme cases, violates even the right to life.

The generic legal object of this crime consists of defending the physical liberty of the person, ie his/her ability to move, to act according to his/her will and to the extent permitted by law. The physical liberty constitutes an important social value; therefore the actions affecting these social values ​​ultimately harm the interests of the society in general, which is interested in the development and preservation of human rights and freedoms.

The special legal object is complex, consisting, on the one hand, of the social relations that refer personal freedom, and on the other hand, the social relations that refer to dignity, protection of bodily integrity or health, against the acts of his/her exploitation and transformation into a means of obtaining material benefits. The material object is the body of the person trafficked for the purpose of exploitation.

The material element takes the form of an action with several alternative ways.

The recruitment is the solicitation (selection) of a person who is likely to be exploited and determining him/her to become a victim of exploitation.

The transportation is the act of a person called carrier, of moving the victim from one place to another, with/without a means of transportation.

The transfer means the act of a person who requires and performs the change of the accommodation place of a another person or of the place where s/he is hidden or exploited. The transfer of a victim from a trafficker to another can be made at different stages of trafficking.