Exploitation for forced labour: qualification issues in Lithuanian criminal law

Abstract

Negative statistical data and the resulting trends indicate an exclusively worsening situation regarding the phenomenon of forced labor and its proliferation globally, as well as a considerably troubling situation in Lithuania. Moreover, the causality of forced labor, linked to contemporary realities -such as the migration of daily life into the digital sphere or even the war in Ukraine -further substantiates the trends of the consistent spread of this negative phenomenon. This demonstrates the relevance of the topic and underscores the need to continue research into the challenges surrounding the regulation and application of criminal liability for exploitation for forcedlabor in Lithuanian law. The research results of this article aim not only to provide new knowledge about exploitation for forced labor (services) as a criminal offense, but also to enable a better understanding of the newly emerging weaknesses in its legal elements, as well as the new challenges that arise when incriminating such acts in practice. Therefore, the purpose of the research is to analyze the problems of qualifying exploitation for forced labor (services) as a criminal offense in Lithuanian criminal law, thereby aiming to better understand the legal construction of this offense and identify the weaknesses in its constituent elements. Consequently, the tasks of the research are based on three main areas of this analysis: namely, the assessment ofthe objective and subjective elements of exploitation for forced labor (services), as well as the evaluation of additional qualifying features in Lithuanian criminal law. The article utilizes research methods such as comparative analysis, document analysis, systematic analysis, and generalization methods. The analysis in this article substantiated the difficulties arising in the assessment of certain objective and subjective elements of exploitation for forced labor (services) as a criminal offense, and provided specific solutions related to the proper evaluation of the modus operandi, the determination of guilt, and additional qualifying features, such as forcing someone to work under conditions of slavery or other inhuman conditions.