Article 313

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Coercive, unfair or deceptive recruitment Employment contracts

This article criminalises the act of luring persons or promoting their migration to Spain from their home country through deceptive promises of employment or false contract.

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Art. 313. Whoever were to bring about or favour emigration of any person to another country simulating a contract or placement, or using another similar deceit, shall be punished with the penalty foreseen in the preceeding Article.

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.