He crime of prostitution It is committed when under certain circumstances the vulnerability of the victim forces him to have sexual relations. This situation can be in exchange for money, intimidation or deception, whatever the price.
The prostitution it is usually disguised with other names that coincide with various titles. The action itself lacks legislative and fiscal support.
The concept of prostitution corresponds to other erotic practices such as pornography and exhibitionist shows. These elements are listed directly in article 189 of the Penal Code.
The crime of prostitution as an action in the penal code
This position allows you to enter into the broader concept of sexuality and exploitation under article 177. In the penal code it is evaluated as an action that is typical of human trafficking.
Are you looking for a lawyer specialized in Criminal Law?
we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.
In article 187.1 of the Penal Code, the crime of prostitution is defined in a particular way. With the respective stipulation that their action is by the elderly.
Whoever uses violence or abuses a situation of superiority or need or vulnerability of the victim. where compression is performed practice of prostitution by an adult.
A prison sentence of two to five years and a fine of twelve are stipulated. up to twenty-four months.
Imprisonment of two to four years and a fine of twelve to twenty-four months is imposed in certain cases. The main element will be for those who benefit from the exploitation of the prostitution of otherseven with your consent.
It will be understood that there is exploitation when some circumstances arise that stipulate the penal Code.
If the victim is in situation of personal vulnerability or economic. That heavy, disproportionate or abusive conditions be imposed for its exercise.
There is talk of aggravation of crime of prostitution in article 187. 2. The penal code specifies that the sanctions provided be imposed in their upper half, in their respective cases.
When the culprit crime of prostitution his condition of authority as a public official has prevailed. In this case, the penalty of absolute disqualification from six to twelve years.
If the culprit belongs to a criminal organization or group engaged in such activities. If the culprit has endangered the life or health of the victim due to gross negligence.
Responsibilities before the crime of prostitution in the law
The specified penalties are imposed in their respective cases without prejudice to the assault or sexual abuse of the subject used.
The responsibility of the legal person for the crime of prostitution it is established in article 189 bis. With the provisions of article 31bis, certain sanctions will be applied.
There is talk of a fine of three to five times the perceived benefit if the crime committed is punishable. The physical person has a custodial sentence of freedom for more than five years.
The fine will be two to four times the benefit received if the offense committed. In these cases by the natural person, being punishable by penalty deprivation of liberty more than two years.
In all other cases, the fine will be two to three times the execution obtained.
Article 190 establishes that the sentence of a foreign judge is assimilated to the sentences of Spanish judges. In this case, the aggravating circumstance of recidivism in the crime of prostitution
The exercise of the crime of prostitution in the law of Spain
The free exercise of prostitution It is not punishable throughout the Spanish territory. Its application is administratively sanctioned when it is practiced in public transit areas.
This includes places frequented by minors, such as parks, schools, or areas where road safety is maintained. According to Citizen Security Law, Fines between €601 and €30,000 are imposed.
The Autonomous communities they can regulate it in their streets through their ordinances. Barcelona prohibited street prostitution with fines of €3,000 for clients and €750 for workers.
In the penal code, prostitution is not included, although crimes such as child prostitution. It includes forced prostitution or the profit of the person who practices it, even if it is done voluntarily, if there is exploitation.
The classification of sexual service favors evaluated by gender has a certain classification. Women serving male or female clients should be considered first.
As for the male gender, they will be men serving female customers. Men Serving Services crime of prostitution to other men.
The transsexual prostitution that provide services to men or heterosexual couples.
When considering the sexual services by place of exercise can be classified depending on the place.
This element considers prostitution on the street, in hostess clubs, in houses and apartments. The Communities establish the challenge of the crime of prostitution depending on the infrastructure and the subjects that participate.
Considerations of the crime of prostitution in minors
Article 187 talks about the punishment for those who benefit from someone who engages in prostitution. Anyone who incites, promotes or facilitates the prostitution of a minor or a disabled person.
With the understanding that said person needs special protection, and even so it is exploited for these purposes. It will be punished with two to five years in prison and a fine of twelve to twenty-four months.
If the victim is under sixteen years of age, a prison sentence of four to eight years will be imposed. The fine for the crime of prostitution is from twelve to twenty-four months.
If the acts described in the previous section were committed with violence or intimidation, an aggravated will be imposed. There is talk of a prison sentence of five to ten years if the victim is under sixteen years of age.
The crime of prostitution as an activity in Spain
Prostitution is one of the activities that is most carried out in the different Autonomous communities. This situation poses a serious problem against public health and the integrity of those involved.
He crime of prostitution It has to be carried out in buildings in the most popular areas of the cities. It is possible to offer prostitution services on the different web pages that are dedicated to the sale of sexual services.
The application of the penalties corresponding to this crime is specific and seeks to protect the legal right of minors. In cases where prostitution of the elderly is carried out, the considerations for the penalty will be different.