Crime of prostitution and persons' illicit traffic

Commentary on the Tribunal Supremo of may 17, 2011

Abstract

The existence of spirit of profit is inherent in the purpose of sexual exploitation, generally across activities of prostitution. So that the one who exploits or tries to exploit the prostitution of others, does not do it of form detached from the economic earnings that the exercise of this trade supposes. In the suppositions of illegal traffic or clandestine immigration, to which it continues, already in our territory, the coercive determination to the exercise of the prostitution, we would be in presence of a royal contest of crimes, but such conducts will be typified in accordance with the articles 188.1 and 318 bis.1. Nevertheless, in headquarters of tipicidad, this polemic has remained, in certain point, settled by the reform produced in the article 318 bis for the Law 5/2010, that has suppressed the subtype aggravated of the paragraph 2, for considering the mentioned rule to be inadequate for the penal treatment unified of the crimes of human beings and clandestine immigration, when the new Title the VIIth (art. 177 bis) he punishes treats her as human beings, between other purposes, with the sexual exploitation, but using the employment of the violence, intimidation or deception, or abusing a situation of superiority or need of the victim.