Diversiteit in de opsporing en vervolging van economische uitbuiting: De interpretatieruimte onderzocht in twee kwalitatieve onderzoeksprojecten

Abstract

Since 2005, the Belgian human exploitation law explicitly includes the exploitation of labour force. In the revised law, an act is considered exploitative when a person is employed in conditions which are against human dignity. What this means in practice, is however unclear. Neither the law, nor the explanatory memorandum provide sufficient clarification. The law thus allows scope for discretion, which implies certain risks. This was studied in two qualitative research projects. The findings show that police officers’ and public prosecutors’ interpretations of the law depend on the relationship between actors in the criminal justice chain, personal motivation, case load and the division of tasks between public prosecutors. These aspects lead to different investigation and prosecution practices in different judicial districts, which implies the risk of inequality of justice and the relocation of crime. Possible solutions are the provision of legal clarity and binding guidelines imposed by the College of Public Prosecutors-General.