Criminal liability Human trafficking
This Article provides the definition of ‘human trafficking’ under Argentine Law. Article 2 defines human trafficking as the offering, recruitment, transportation, transfer, or receipt of persons for the purpose of exploitation, both within Argentina and to or from other countries. ‘Exploitation’ is defined in this article, as:
a) reducing or maintaining an individual under any form of slavery or servitude;
b) subjecting another to forced labour;
c) the promotion, facilitation or commercialization of the prostitution of others;
d) the promotion, facilitation or commercialization of child pornography;
e) forced marriage;
f) organ trafficking.
This article provides that the consent given by the victim of human trafficking and exploitation will not exempt the perpetrator of these acts of criminal liability.
The criminal offense of human trafficking under Argentine law differs from the definition in the UN Human Trafficking Protocol, in that in only requires two constituent elements:
a) The action: the offering, recruitment, transportation, transfer, or receipt of persons; and
b) The exploitative purpose, namely: slavery, servitude, forced labour, sexual exploitation, forced marriage and organ trafficking.
Significantly, coercive ‘means’ are not an essential component of the criminal offense of human trafficking under Argentine legislation, but rather operate as aggravating circumstances.
Law /Argentina / Law No. 26,364 on the Prevention and Sanctioning of Human Trafficking and Assistance to Victims (as amended by Law No. 26,842)
Law No. 26,364, as amended, is aimed at preventing and criminalising human trafficking, and at providing assistance to the victims of this crime. Law No. 26,364 amended (i) the Argentine Criminal Code (regarding crimes concerning human trafficking/exploitation); (ii) certain section of the Argentine Code of Criminal Procedure; and (iii) Sections 119 and 121 of the Argentine Immigration Law. Decree No. 111/2015 includes regulations implementing certain provisions of Law No. 26,364, as amended.