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- P. Special. Offenses against the rights of foreign citizens. Crime of human trafficking. Civil

Supreme Court Judgement of March 23, 2011.

FOUR. - The third reason is configured, for violation of law, under n º 1 of art. 849 of the LECr . by misapplication of art. Bis 2 CP 318.

1 .- The appellant argues that there is no element of "exploitation" as profit or benefit, own the art. 318.2 CP, because for the amounts withheld were just due, sufficient to pay the expenses actually incurred and those that were generated in concept and lodging, and upon payment of the debt, the women stayed with the all money received for their services, must be able to leave the premises and work. Equally the appellant is his acquittal by the unusualness of his conduct, once the LO.5 / 2010 of June 22, the deletion of paragraph 2 of art. 318 bis of the CP.

2 .- As we saw with respect to the first plea above, the factual narrative of the sentence, which in this way must be respected, discloses that the defendants facilitated and managed to enter Spain from various Brazilian girls in order to be prostitutes, precisely at the Club Las Musas who ran both appellants through a society by imposing a debt exceeds the amount of the bills and other expenses incurred so that until it was not fully paid the girls did not get any money for sexual services rendered , behavior that describes a form of sexual exploitation and integrates sub-compounded expected before the reform-in paragraph 2 of art. 318 bis of the Criminal Code, as rightly argues that the lower court following the jurisprudence in this area to perform the legal subsumption of facts, the typical behavior of art. 318 bis of C. Criminal consumed with the implementation of promotional activities, enabling or facilitating illegal immigration or trafficking, aggravated by the second section where the purpose of these activities were sexual exploitation. For the consummation is quite the execution of those behaviors with the aforementioned purpose, without a subsequent act, that is, need not reach sexual exploitation to take place and even that the victims were somehow compelled to lend to it.

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