Prosjačenje maloletnog lica kao element krivičnih dela trgovina ljudima i zapuštanje i zlostavljanje maloletnog lica – sporna pitanja i dileme u praksi

The author discusses the begging of a minor as an essential feature of the criminal offenses of human trafficking under Article 388 of the Criminal Code and neglect and abuse of a minor under Article 193 of the Criminal Code. After introductory considerations, which indicate the issues of delimiting these criminal offenses, the legal elements of the aforementioned criminal offenses are briefly outlined. The author focused on setting criteria for delimiting the aforementioned criminal offenses, from two aspects. The first relates to the analysis of the essence of the criminal offenses and the identification of key differences, which clearly indicate which criminal offense should be given priority. The second aspect is focused on international standards, the practice of the European Court of Human Rights and the Constitutional Court, which relate to the obligation of the state to conduct effective judicial proceedings regarding the criminal offense of human trafficking, always when there are elements of the offense according to the international definition. The author’s conclusion is that in cases of begging of a minor, criminal proceedings for the crime of human trafficking always have priority when there are elements of that crime, in relation to the crime of neglect and abuse of a minor.