The Definition of Vulnerability State in Egyptian Law N. 64/2010 on Combating Human Trafficking

One of the obstacles that the Public Prosecution faces upon completion of the investigation, and the court upon knowledge of the facts of the case, is to give the correct legal description applicable to the incident, and in order for this to be fully accomplished, the incident must have fulfilled the necessary legal elements to initiate the criminal criminal model, and it was one of the obstacles is the ambiguity of the legal text prohibiting its application to the incident, and among those texts was the text of Article 2 of Law 64 of 2010 regarding human trafficking,
The Anti-Human Trafficking Law lacked a specific definition of the term “state of vulnerability” mentioned in that article, even though that method is one of the elements of the material pillar necessary for the crime to take place, and it was very important to control that phrase so that its applicants could find its limits.
This study came to try to answer the question “What is the state of weakness and need in Egyptian law, and what are the criteria for the availability of the elements of that case in order for the court to decide the human trafficking cases before it?”
In order to answer that, we will review the definition of the term weakness or vulnerability in international laws, comparative law and jurisprudence, then review the approach of the Egyptian Court of Cassation in analogy and interpretation, then the purpose of the legislation itself in criminalization/penalization, to arrive - from their collective - to a specific and disciplined definition of the term vulnerability.