Jurisprudential Bulletin Prosecutor's Office Trafficking for Sexual Exploitation, Labour, Prostitution

The Human Trafficking and Aliens Unit of the Attorney General's Office has published the following documents, relevant to the matter at hand:

• JURISPRUDENTIAL BOLETIN SECOND SEMESTER 2023

• Human Trafficking and Aliens Unit. Jurisprudential Bulletin. Trafficking and Related Crimes. Year 2022

• MONITORING DILIGENCES OF THE HUMAN TRAFFICKING CRIME YEAR 2022

• FINAL CONCLUSIONS ON TRAFFICKING IN PERSONS AND FOREIGNERS 2023

We will remember, among other functions, that:

The Aliens Prosecutor's Office is responsible for coordinating and supervising the Aliens Sections of the Territorial Prosecutor's Offices, each of which has a Deputy Prosecutor. (...)

The coordination work is planned on the following matters 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 on various aspects relating to the regime of foreigners in Spain, the Aliens Section:

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 prosecuted, the cases for crimes under Article 313-1 of the C.P.. In particular, the Aliens Prosecutors are entrusted with monitoring the application of Article 59 of the LE by channelling all written submissions for this purpose sent by the Prosecutor's Office to the governmental authority, an activity that falls within the obligatory protection of victims when they are foreigners.

In the case of unaccompanied foreign minors, 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 (arts. 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.