The principle of non-punishment – compulsion or a direct consequence of the human trafficking situation?​​​​​​​

​​​​​​​In the discussion on the principle of non-punishment of victims of trafficking in human beings, the connection between the crime committed by the victim of exploitation and exploitation has been illustrated by using either the causation model or the compulsion model. In the causation model, the connection is defined as a direct consequence of the human trafficking situation, and in the compulsion model, the connection is formed by compulsion or pressure. The article answers the following research question: How should the connection required by the principle of non-punishment between the crime committed by the exploited person and the situation of exploitation be understood in Finnish criminal law? In methodological terms, this concerns criminal policy-oriented theoretical criminal law, which aims to modify the general doctrines of criminal law.

I conclude that the compulsion model is a more effective option than the causation model when looking at the issue from a criminal law perspective. The causation model is not suitable as the theoretical basis for the grounds for exemption from liability, since it requires a complex predicate offence construction and is not able to distinguish between punishable and non-punishable activities with sufficient accuracy. The compulsion model enables an abandonment of the predicate offence requirement, in which case the exemption from liability can also be generalised to other groups of people. In this article, I analysed the concept of compulsion that qualifies as the basis for exemption from liability, which consists of unlawful means, psychological influence to commit an offence and a comparison of interests test. The concept of compulsion requires the opening up of the strict time frames for the exemption from liability grounds, in which case the context of exploitation can be taken into account in the assessment of the exemption from liability. The causation model provides support for the grounds for exemption from liability based on compulsion in limited exceptional cases.

In Finnish criminal law, the principle of non-punishment would be best implemented by setting a general exemption from liability based on the concept of compulsion as the starting point. The grounds for exemption from liability would be supported by limited legislative measures based on the causation model, for example, in situations where the victim of an exploitation offence becomes involved in the exploiter’s offence. In addition, the general provisions on waiving measures would serve as a necessary backup system for criminal liability.