The crime of trafficking in human beings

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The Penal Code includes a series of behaviors that constitute the crime of trafficking in human beings , and that are related to human trafficking for different purposes of exploitation, among others. Below we explain what the crime of human trafficking consists of and the penalties it entails. What is the crime of human trafficking? The crime of trafficking in human beings is classified in article 177 bis of the Penal Code . Section 1 of said article describes what the crime consists of, describing the process such as capturing, transporting, transferring, harboring or receiving people, including the exchange or transfer of control of them, for any of the following purposes: Imposing forced labor or services, slavery or similar practices, servitude or begging. Exploit her sexually , even for pornographic purposes. Exploit it to carry out criminal activities. Extract his body organs. Celebrate forced marriages. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid .

If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US The typical elements of the crime of trafficking are: Territoriality criterion. The crime must be committed either in Spanish territory, or from Spain or in transit or destined for this country. Use of concrete means. Violence, intimidation or deception must be used, or a situation of superiority or need or DM Databases vulnerability of the national or foreign victim must be abused, or payments or benefits must be given or received to obtain the consent of the person who has control over the victim. victim. The Penal Code itself specifies that a situation of need or vulnerability exists in those cases in which the person has no other alternative, real or acceptable, other than to submit to abuse. However, when the victim of human trafficking is a minor , these specific means will not be necessary. It will be enough for the typical verbs to be used (capture, transport, transfer, shelter or receive the person) for the purposes of exploitation and the territoriality criterion be met.



It is important to highlight that the consent of a victim of human trafficking will be irrelevant (there is no real consent) if any of the means described in article 177 bis CP (violence, intimidation, deception...) have been resorted to. What is the penalty for the crime of human trafficking? This crime is punishable by a prison sentence of 5 to 8 years. Therefore, it is a crime against which a priori the suspension of the custodial sentence of imprisonment is not possible (without prejudice to the concurrence of mitigating circumstances that may eventually generate a scenario susceptible to suspension). If the victim is a minor, the penalty of special disqualification for any profession, trade or activities, whether paid or not, that involves regular and direct contact with minors, will also be imposed for a period of time greater than between 6 and 20 years. the duration of the prison sentence imposed. Aggravated type of the crime of trafficking in human beings Based on what is established in section 4 of article 177 bis of the Penal Code, the crime of trafficking in human beings is subject to.