Article 177 bis Spanish Criminal Code: Trafficking in human beings

1. Whoever, within Spanish territory, from Spain, in transit or bound for Spain, using violence, intimidation or deception, or abusing a situation of superiority, of necessity or of vulnerability of the national or foreign victim, or by means of the giving or receiving of payments or benefits in order to obtain the consent of the person having control over the victim, recruits, transports, transfers, harbours or receives that person, including the exchange or transfer of control over such persons, for any of the following purposes, shall be punished as a perpetrator of trafficking in human beings with imprisonment of five to eight years:

a) The imposition of forced labour or services, slavery or practices similar to slavery, servitude or begging.

b) Sexual exploitation, including pornography.

c) Exploitation for the purpose of carrying out criminal activities.

d) The removal of bodily organs.

e) The celebration of forced marriages.

A situation of necessity or of vulnerability exists where the person concerned has no real or acceptable alternative other than to submit to the abuse.

Where the victim of trafficking in human beings is a minor, there shall in all cases be imposed the penalty of special disqualification from any profession, trade or activity, whether or not remunerated, involving regular and direct contact with minors, for a term exceeding by between six and twenty years the duration of the custodial sentence imposed.

2. Even where none of the means listed in the preceding paragraph is used, any of the actions indicated in that paragraph shall be regarded as trafficking in human beings where it is carried out in respect of minors for the purpose of exploitation.

3. The consent of a victim of trafficking in human beings shall be irrelevant where any of the means indicated in the first paragraph of this article has been used.

4. The penalty of the next higher degree to that laid down in the first paragraph of this article shall be imposed where:

a) the life or the physical or psychological integrity of the persons who are the object of the offence has been endangered;

b) the victim is particularly vulnerable by reason of illness, pregnancy, disability or personal situation, or is a minor;

c) the victim is a person whose situation of vulnerability has been caused or aggravated by displacement arising from an armed conflict or a humanitarian catastrophe.

Where more than one circumstance is present, the penalty shall be imposed in its upper half.

5. The penalty of the next higher degree to that laid down in paragraph 1 of this article, together with absolute disqualification of six to twelve years, shall be imposed on those who commit the acts taking advantage of their status as a public authority, agent thereof or official. Where, in addition, any of the circumstances laid down in paragraph 4 of this article is present, the penalties shall be imposed in their upper half.

6. The penalty of the next higher degree to that laid down in paragraph 1 of this article, together with special disqualification from a profession, trade, industry or commerce for the duration of the sentence, shall be imposed where the offender belonged to an organisation or association of more than two persons, even of a transitory nature, devoted to carrying out such activities. Where any of the circumstances laid down in paragraph 4 of this article is present, the penalties shall be imposed in their upper half. Where the circumstance laid down in paragraph 5 of this article is present, the penalties laid down therein shall be imposed in their upper half.

Where the persons concerned are the leaders, managers or persons in charge of such organisations or associations, the penalty shall be imposed in its upper half, and it may be raised to the next higher degree. In all cases the penalty shall be raised to the next higher degree if any of the circumstances laid down in paragraph 4, or the circumstance laid down in paragraph 5 of this article, is present.

7. Where, in accordance with Article 31 bis, a legal person is liable for the offences covered by this article, a fine of three to five times the benefit obtained shall be imposed. Having regard to the rules laid down in Article 66 bis, the courts may also impose the penalties set out in subparagraphs (b) to (g) of paragraph 7 of Article 33.

8. Incitement, conspiracy and the proposal to commit the offence of trafficking in human beings shall be punished with the penalty lowered by one or two degrees from that of the corresponding offence.

9. In all cases, the penalties laid down in this article shall be imposed without prejudice to those which may correspond to the offence of Article 318 bis of this Code and to any other offences actually committed, including those constituting the corresponding exploitation.

10. Convictions handed down by foreign judges or courts for offences of the same nature as those laid down in this article shall produce the effects of recidivism, unless the criminal record has been cancelled or is capable of being cancelled under Spanish law.

11. Without prejudice to the application of the general rules of this Code, the victim of trafficking in human beings shall be exempt from punishment for the criminal offences committed in the situation of exploitation suffered, provided that participation in them was a direct consequence of the situation of violence, intimidation, deception or abuse to which the victim was subjected and that there is adequate proportionality between that situation and the criminal act carried out.

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.