The crime of human trafficking

Human trafficking, which is considered one of the most significant problems of today and is regarded as modern slavery, has become a global issue. Slavery, which has emerged in various forms and at different times, continues to exist today through acts such as forced labor, prostitution, and sexual exploitation. These actions constitute a severe blow to the rights inherent to humanity and the dignity of human life. Although human rights are prohibited under both national and international law, the concept of human trafficking persists worldwide. This thesis aims to explain how seemingly incompatible concepts, such as human and commerce, can coexist as subjects in the same sentence, using recent decisions of the Court of Cassation, and to contribute to the literature by improving the understanding of human trafficking. This thesis consists of two chapters. In the first chapter, the concept of human trafficking, its definition, fundamental causes, and historical process are discussed. Following this, a comprehensive examination of human trafficking is conducted by analyzing the regulations on the crime of human trafficking in international legislation and its place in comparative law. The second part of the thesis focuses on the legal elements of the act constituting the crime of human trafficking, the protected legal interests, attempts, participation, and concurrence, as well as aggravating and mitigating factors affecting the crime, along with information regarding prosecution and penalties, framed within recent Supreme Court decisions. In this section, human trafficking is examined as a type of crime, detailing its material and moral elements under Law No. 5237 of the Turkish Penal Code. Subsequently, the crime of human trafficking is evaluated in conjunction with similar and related types of crimes. The study concludes with an examination of the penalties and legal proceedings related to the crime of human trafficking. Keywords: Human Trafficking, Prostitution, Slavery, Palermo Protocol, Turkish Penal Code.