Trafficking in human beings and forced labor

Abstract

This paper analyses the current characteristics of trafficking in human beings for the purpose of labour exploitation in article 177 bis of the Spanish Criminal Code. The legislative technique used by the Spanish Parliament is not very fortunate, thus it raises important interpretative issues in relation to the lack of definition of the various kinds of labour exploitation. It is necessary to define and conceptualise this crime. A specific response to the instrumentalisation and use of the victims of labour exploitation has led to the scientific scholars and the criminal tribunals to consider the crimes on articles 311, 311 bis and 312.2 of the Criminal Code as forms of labour exploitation. Those norms will be subject to consideration in order to specify if those behaviours described in the regulation represent labour exploitation according to art. 177 bis of the Spanish Criminal Code.