engleski

Criminal liability (or not) of the master of the ship for trafficking

Recent cases of criminal prosecution of masters of the ship (Laptalo Case etc.) for the illicit trade of drugs, raise awareness in the international seafarers community, concerning the criminalization of seafarers in general. The main issue is the (non)existence of command liability in sense of criminal law of the master of the ship for any illicit cargo found on the ship. This presentation deals with the definition of the act of trafficking, in wider and narrower sense, smuggling and stowaways. Further, it elaborates the functions of the master of the ship and the cargo handling procedure in modern maritime shipping industry. As a conclusion, it is stated that a sharp line has to be drawn and understood between the maritime and commercial liablity of the master of the ship for the declared cargo and ship itself, and the criminal liability based on strict (command) liability. There is no room for such a liability, since it is contrary to the principle of "nullum crimen, nulla poena sine lege", and there is no liability by analogy in criminal law.

master of the ship; criminalization of seafarers; command liability; trafficking; functions of the master of the ship; cargo handling

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