Crime of trafficking in human beings

The Aliens Unit of the Attorney General's Office has recently published the Aliens Fact Sheet on Trafficking in Human Beings: Interpretation of article 177 bis of the Criminal Code. Jurisprudence of Chamber II of the Supreme Court. Meeting of foreign prosecutors (Madrid, 25-26 October 2021), which addresses aspects such as:

1. Reminder on the Legislative developments concerning offences relating to the territorial movement of persons in the Criminal Code.

2. Effects of the reform of the Penal Code carried out by LO 5/2010: the deletion of ordinal 2 from Article 318a and Introduction of Article 177a CC.

3. Effects of the reform of the Penal Code carried out by LO 1/2015. 

4. Decisions of Chamber II TS on Article 177a of the Civil Code constituting Consolidated doctrine.

We will remember, among other functions, that:

The Office of the Procurator for Foreigners is responsible for coordination and supervision of the Aliens Sections of the Territorial Public Prosecutor’s Offices, at the head of each of which there is a Delegated Prosecutor. 

The work of coordination projected on the following subjects: referred to in Instruction 5/07 of the Attorney General's Office, which develops and breaks down the criteria introduced in this regard by Circular 2/2006 of 27 July 2006 on various aspects concerning the treatment of aliens in Spain, the Aliens Section shall:

The prosecution of the crimes of trafficking in human beings and coercive prostitution, of the crime of smuggling of immigrants and to the extent that they continue to be initiated, the cases for offences under Article 313-1 of the Code of Criminal Procedure are, in particular, entrusted by the Aliens Prosecutors with monitoring the application of Article 59 of the Code of Criminal Procedure by channelling all written submissions that are forwarded by the Public Prosecutor’s Office to the governmental authority, an activity that falls within the obligation to protect victims when they are foreigners.

In the field of Unaccompanied Alien Minors Intervention in Age Determination and Repatriation Files. This work requires close coordination with the Juvenile Prosecutors, one of whose functions is designed to protect them.

The Dispatch of reports on the precautionary detention of aliens in charge of their control and follow-up. Also the periodic visit to the detention centers of foreigners of the respective province, in order to ensure the respect of the rights of the inmates, drawing up the corresponding record and informing the Delegate or Subdelegate of the Government through the office, through the Chief Prosecutor, any dysfunctions that may be detected.

It is also the responsibility of the Aliens Prosecutor informing about authorisations for expulsion in lieu of criminal proceedings (art. 57-7 LE) as well as expulsions in lieu of penalties and security measures (Rules 89 and 108 CP)

The Aliens Prosecutor acts in coordination with the Prosecutors in charge of the Office of Administrative Litigation, Civil Registry and Prison Surveillance for the purpose of maintaining the unity of criteria in the areas of intersection of the two functional domains. Specifically in the Civil Registry files there is a specific intervention aimed at preventing the celebration of marriages of convenience and the fraudulent acquisition of Spanish nationality.

* Information obtained through the website of the Public Prosecutor’s Office.