Article 312

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Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Human trafficking

This article prohibits the act of “unlawfully trafficking labour” and criminalises the deceitful recruitment of workers through false contracts or false promises of better working conditions, as well as the employment of foreign citizens without work permits under harmful conditions that suppress or restrict their rights.

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Art. 312.

1. Punishment by imprisonment from two to five years and a fine from six to twelve months shall apply to those who unlawfully traffic with labour.

2. The same punishment shall be incurred by whoever recruits persons or leads them to leave their place of work by offering deceitful or false employment or working conditions and whoever employs foreign citizens without work permits under conditions that negatively affect, suppress or restrict the rights they are recognised by the legal provisions, collective bargaining agreements or individual contracts.

Law / 23rd November 1995 /Spain / Spanish Criminal Code

The Spanish Criminal Code provides the criminal law framework in Spain, regulating the different crimes and offences, as well as the associated penalties. The Code criminalises human trafficking, as well as a number of serious offences against the rights of workers, including deceptive recruitment, imposing harmful working conditions on workers, or serious health and safety breaches endangering the health and lives of workers.

Since coming into force, the Criminal Code has been amended on several occassions. The Crime of human trafficking was only included in the Code, and therefore introduced to the Spanish criminal legislation in 2010, with Organic Law No. 4/2000. One of the last amendments, introduced by Organic Law No. 5/2010 of June 22, introduced the principle of criminal liability of legal entities. Previously, it was not possible to hold enterprises and other organisations criminally liable under Spanish legislation.