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  • Diamond City Case, Eindhoven

    Country: Netherlands

    Court: Supreme Court

    Sentenced date: 27/10/2009

    Purpose of exploitation: Forced labout or services

    District Court of 's-Hertogenbosch, the Netherlands (Public prosecutor's office number: 01/825364-06), 8 March 2007

    In this case, the indictment stated exploitation of vulnerable persons (illegal Chinese) by making them work long hours in a Chinese restaurant. In return they received food and housing or very low remuneration. In the opinion of the Court,  the Defendant and/or others didn’t take the initiative or any active steps with regard to illegal Chinese people by approaching them or inducing them to come and work in the restaurant. Under these circumstances, it couldn’t be proven that the Defendant consciously abused the weaker/vulnerable position of the Chinese when providing accommodation or receiving them.

    Furthermore, the Court is of the opinion that, although the work situation can be regarded as socially undesirable, there is no question of an exploitative situation as defined in Article 273f of the Criminal Code.

    The public prosecution service appealed to the Supreme Court.

    The Court of 1st instance only convicted the defendant for human smuggling. However, the defendant was acquitted for human trafficking. The Court of Appeal upheld that decision.