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Article 187 Spanish Criminal Code: Coercive determination to prostitution and profiting from its exploitation
Article 187 punishes whoever, by violence, intimidation, deception or abuse of a situation of superiority, necessity or vulnerability, determines a person of full age to engage in or to remain in prostitution, and separately whoever profits by exploiting the prostitution of another, even with the consent of that person.
Also cited as: article 187 Spanish Criminal Code · art. 187 CP · Spanish Penal Code article 187 · artículo 187 del Código Penal.
Wording of Article 187 of the Spanish Criminal Code
1. Whoever, employing violence, intimidation or deception, or abusing a situation of superiority or of necessity or vulnerability of the victim, determines a person of full age to engage in or to remain in prostitution, shall be punished with imprisonment of two to five years and a fine of twelve to twenty four months.
Imprisonment of two to four years and a fine of twelve to twenty four months shall be imposed on whoever profits by exploiting the prostitution of another person, even with the consent of that person. In all cases, exploitation shall be deemed to exist where any of the following circumstances is present:
a) That the victim is in a situation of personal or economic vulnerability.
b) That onerous, disproportionate or abusive conditions are imposed upon the victim for the exercise of prostitution.
2. The penalties laid down in the preceding paragraphs shall be imposed in their upper half, in their respective cases, where any of the following circumstances is present:
a) Where the offender took advantage of the status of authority, agent thereof or public official. In this case the penalty of absolute disqualification of six to twelve years shall also be applied.
b) Where the offender belonged to a criminal organisation or group devoted to carrying out such activities.
c) Where the offender endangered, intentionally or by gross negligence, the life or the health of the victim.
3. The penalties indicated shall be imposed in their respective cases without prejudice to those which may correspond for the sexual assaults or abuses committed upon the prostituted person.
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.
Sentencing range. Imprisonment of two to five years and a fine of twelve to twenty four months for the coercive determination to prostitution, and imprisonment of two to four years with the same fine for profiting from the exploitation of the prostitution of another, in both cases in the upper half where a circumstance of paragraph 2 is present.
Elements of the offence
- In the first modality, one of the typical means, namely violence, intimidation, deception or abuse of a situation of superiority, of necessity or of vulnerability.
- A determination of a person of full age to engage in or to remain in prostitution.
- In the second modality, a profit derived from the prostitution of another person, together with one of the two situations of exploitation defined in the provision.
- That the person concerned is of full age. Where the person is a minor, Articles 188 and following of the Code apply.
Defence strategy
Absence of a typical means. The first modality requires violence, intimidation, deception or abuse of a situation of superiority or of necessity. Where the person concerned decided freely, that modality is not made out and only the exploitation modality can be examined.
The statutory concept of exploitation. Paragraph 1 defines exploitation exhaustively by reference to personal or economic vulnerability and to onerous, disproportionate or abusive conditions. Profiting from prostitution exercised freely and on ordinary terms falls outside the provision, and the accounting and contractual evidence is decisive.
Distinction from trafficking in human beings. Article 177 bis and this article are habitually charged together. Where no typical action of recruiting, transporting, transferring or harbouring is established, and no purpose of exploitation preceding the conduct, the charge cannot extend to trafficking.
Individual attribution within an establishment. Where the activity is carried out through a commercial establishment, liability must be attributed to whoever imposed the conditions of exercise. The formal status of owner, manager or employee does not by itself determine responsibility for the offence.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
- Article 177 bis CP: trafficking in human beings
- Human trafficking defence in Spain
- Sexual offence defence in Spain
- Offences against moral integrity
This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.
Frequently asked questions
What penalty does Article 187 of the Spanish Criminal Code provide for coercive determination to prostitution and profiting from its exploitation?
Imprisonment of two to five years and a fine of twelve to twenty four months for the coercive determination to prostitution, and imprisonment of two to four years with the same fine for profiting from the exploitation of the prostitution of another, in both cases in the upper half where a circumstance of paragraph 2 is present.
What are the elements of the offence under Article 187 of the Spanish Criminal Code?
In the first modality, one of the typical means, namely violence, intimidation, deception or abuse of a situation of superiority, of necessity or of vulnerability. A determination of a person of full age to engage in or to remain in prostitution. In the second modality, a profit derived from the prostitution of another person, together with one of the two situations of exploitation defined in the provision. That the person concerned is of full age. Where the person is a minor, Articles 188 and following of the Code apply.
What defence strategy applies to a charge under Article 187 of the Spanish Criminal Code?
Absence of a typical means. The first modality requires violence, intimidation, deception or abuse of a situation of superiority or of necessity. Where the person concerned decided freely, that modality is not made out and only the exploitation modality can be examined. The statutory concept of exploitation. Paragraph 1 defines exploitation exhaustively by reference to personal or economic vulnerability and to onerous, disproportionate or abusive conditions. Profiting from prostitution exercised freely and on ordinary terms falls outside the provision, and the accounting and contractual evidence is decisive. Distinction from trafficking in human beings. Article 177 bis and this article are habitually charged together.
Is the English text of Article 187 of the Spanish Criminal Code official?
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.
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