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III. Main Issues in Spanish Criminal Law and Practice Related to Trafficking in and Smuggling of Human Beings

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Chapter Summary

This chapter analyses the current Spanish penal legislation and the corresponding case law concerning the trafficking in and smuggling of human beings. The legislation applicable in this area has undergone substantial reform recently through Organic law 11/2003, of September 29 on specific measures concerning the security of citizens, domestic violence and social integration of aliens, which modifies article 318 bis of Criminal Code. All actions which objectively imply aiding or encouraging the illegal entry into, exit from or transit of aliens through Spain, attacking some right they have, constitutes an offence in accordance with Title XV bis of Book II of the Criminal Code. The chapter examines the main aspects of the regulation of offences against the rights of aliens from the dogmatic penal viewpoint and from the point of view of the case law interpretation of the more relevant cases which have been heard in Spain in recent years.

Keywords: case law; criminal code; illegal entry; Organic law; smuggling of human beings; social integration of aliens; Spanish penal legislation; trafficking



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