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.

Wording of Article 187 of the Spanish Criminal Code

Elements of the offence

1. 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.
2. A determination of a person of full age to engage in or to remain in prostitution.
3. 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.
4. 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.

• 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.