1. Will be punished with a sentence of five to eight years in prison as convict trafficking in human beings which, whether in Spanish territory, whether from Spain, in transit or destined for it, using violence, intimidation or deception, or abusing a situation of superiority or need or vulnerability of the national or foreigner, or by giving or receiving payments or benefits to obtain the consent of the person who has control over the victim, captures, transports, transfers, harbors, or receives him/her, including the exchange or transfer of control over those persons, with any of the following purposes:
a) The imposition of forced labor or services, slavery or practices similar to slavery, servitude or begging.
b) Sexual exploitation, including pornography.
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d) The extraction of their bodily organs.
e) The celebration of forced marriages.
A situation of need or vulnerability exists when the person in question has no other alternative, real or acceptable, than to submit to abuse.
When the victim of trafficking in human beings is a minor, in any case, the penalty of special disqualification for any profession, trade or activities, whether paid or not, that entails regular and direct contact with minors will be imposed. , for a period greater between six and twenty years than the duration of the prison sentence imposed.
2. Even if none of the means set out in the previous section are used, any of the actions indicated in the previous section will be considered trafficking in human beings when carried out with respect to minors for the purposes of exploitation.
3. The consent of a victim of human trafficking will be irrelevant when any of the means indicated in the first section of this article has been used.
4. The penalty higher in degree than that provided for in the first section of this article will be imposed when:
a) the life or physical or mental integrity of the persons targeted by the crime would have been endangered;
b) the victim is especially vulnerable due to illness, gestational status, disability or personal situation, or is a minor.
If more than one circumstance occurs, the sentence will be imposed in its upper half.
5. The penalty higher in degree than that provided for in section 1 of this article and absolute disqualification of six to twelve years will be imposed on those who carry out the acts taking advantage of their status as an authority, agent thereof or public official. If any of the circumstances provided for in section 4 of this article also occur, the penalties in its upper half will be imposed.
6. The penalty higher in degree than that provided for in section 1 of this article and special disqualification for profession, trade, industry or commerce will be imposed for the duration of the sentence, when the guilty member belonged to an organization or association of more than two people, even of a temporary nature, who were dedicated to carrying out such activities. If any of the circumstances provided for in section 4 of this article occur, the penalties in the upper half will be imposed. If the circumstance provided for in section 5 of this article occurs, the penalties indicated therein in its upper half will be imposed.
In the case of the heads, administrators or managers of said organizations or associations, the penalty will be applied to their upper half, which may be raised to the immediately higher level. In any case, the penalty will be raised to the one immediately higher in degree if any of the circumstances provided for in section 4 or the circumstance provided for in section 5 of this article occurs.
7. When in accordance with the provisions of the article 31 bis a legal person is responsible for the crimes included in this article, a fine of three to five times the benefit obtained will be imposed. Taking into account the rules established in the article 66 bis, judges and courts may also impose the penalties set forth in letters b) to g) of section 7 of the article 33.
8. Provocation, conspiracy and proposal to commit the crime of trafficking in human beings will be punished with a penalty one or two degrees lower than that of the corresponding crime.
9. In any case, the penalties provided for in this article will be imposed without damage of those that correspond, if applicable, for the crime of article 318 bis of this Code and other crimes actually committed, including those constituting the corresponding exploitation.
10. Convictions by foreign judges or courts for crimes of the same nature as those provided for in this article will produce the effects of recidivism, unless the criminal record has been canceled or can be canceled in accordance with Spanish Law.
11. Without prejudice to the application of the general rules of this Code, the victim of trafficking in human beings will be exempt from punishment for the criminal offenses committed in the situation of exploitation suffered, provided that his participation in them has been a direct consequence of the situation of violence, intimidation, deception or abuse to which they have been subjected and that there is adequate proportionality between said situation and the criminal act carried out.
art 177 bis cp
Article 177 bis of the Penal Code Spanish refers to crime human trafficking, the assumptions that are considered as such and the penalty of fine and prison that falls on those who commit it.
The penalties imposed for the commission of these crimes will not be substituted in accordance with those established in the Article 89 of the Penal Code.
Following the update published on 06/05/2021 that enters into force on 06/25/2021, section 1 of this article is modified by final provision 6.17 of Organic Law 8/2021, of June 4. Previously, he said the following:
1. Anyone who, whether in Spanish territory, whether from Spain, in transit or destined for it, using violence, intimidation or deception, or abusing the person, will be punished with a sentence of five to eight years in prison as a person convicted of trafficking in human beings. of a situation of superiority or need or vulnerability of the national or foreign victim, or through the delivery or receipt of payments or benefits to obtain the consent of the person who has control over the victim, will capture, transport, transfer, host, or receive, including the exchange or transfer of control over those persons, for any of the following purposes:
a) The imposition of forced labor or services, slavery or practices similar to slavery, servitude or begging.
b) Sexual exploitation, including pornography.
c) Exploitation to carry out criminal activities.
d) The extraction of their bodily organs.
e) The celebration of forced marriages.
A situation of need or vulnerability exists when the person in question has no other alternative, real or acceptable, than to submit to abuse.
Article 177 bis.1 – Modified with effect from 06/25/2021
- Penal Code
- BOOK II: Crimes and their penalties
- Title VII: Of torture and other crimes against moral integrity
- Title VII bis: Trafficking in human beings
- Article 177 bis
- BOOK II: Crimes and their penalties