HUMAN TRAFFICKING

Article 177 bis of the Penal Code punishes, with a prison sentence of 5 to 8 years, the crime of trafficking in human beings, which seeks to protect the dignity and freedom of persons. This crime is considered to be committed by any person who, in Spanish territory, from Spain, in transit or bound for Spain, recruits, transports, harbors or receives the victim, for any of the following purposes:

1. Imposing forced labor or services, slavery or practices similar to slavery, servitude or begging.
2. Exploiting her sexually, including pornography.
3. Exploiting it to commit crimes.
4. Removal of organs
5. Forced marriages.

For the conduct to be criminal, the perpetrator must use one of the following means:

1. Violence, intimidation or deception. The Supreme Court has specified that deception exists when false information is used to make the victim believe something that is not true, for example, a legitimate job offer or offering underprivileged people better living conditions (STS no. 677/2022 of July 4). For example, it is a crime to convince a foreign person to come to Spain by offering him/her a stable job in order to sexually exploit him/her once in the country.
2. Abuse of a situation of superiority, need or vulnerability of the victim. In this sense, the Penal Code itself establishes that a situation of need or vulnerability exists when a person has no real or acceptable alternative but to submit to abuse.
3. Delivery or receipt of payments or benefits to obtain the consent of the person having control over the victim.

Even if there is consent on the part of the victim, the conduct will still constitute a crime if the perpetrator resorts to any of the means previously indicated. In addition, the victim of these crimes is exempt from punishment for the criminal offenses committed in the situation of exploitation suffered, provided that her participation in them was a direct consequence of the situation of violence, intimidation, deception or abuse to which she was subjected and that there is proportionality between this situation and the crime she has committed.

In addition, even if the perpetrator does not resort to the means previously mentioned, any of the actions described above are considered human trafficking if they are carried out with respect to minors for the purpose of exploitation. If the victim of human trafficking is a minor, the perpetrator will always be sentenced to special disqualification from any profession, trade or activity that involves regular and direct contact with minors, for a period of between 6 and 20 years longer than the duration of the prison sentence.

Aggravated modalities

The Penal Code provides for several aggravated modalities of this crime, among other reasons, if the life or physical or psychological integrity of the victims is endangered, if the victim is a minor or especially vulnerable due to illness, gestational condition, disability or personal situation, if the acts are committed by an authority or public official, if the perpetrator is part of an organization dedicated to the commission of this type of crime…

Criminal liability of legal persons

In accordance with the provisions of section 7 of article 177 bis of the Criminal Code, legal entities may be criminally liable for the commission of the crime of trafficking in human beings, in which case the judge will impose a fine of three to five times the profit obtained, and may also impose penalties of dissolution, suspension of activities, closure of premises, prohibition to carry out certain activities in the future, disqualification from obtaining public subsidies and aid, and judicial intervention.