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Política criminal

On-line version ISSN 0718-3399

Abstract

MOYA GUILLEM, Clara. The crimes of trafficking in human beings in Spain and Chile: Legally protected interest and conflict of laws. Polít. crim. [online]. 2016, vol.11, n.22, pp.521-547. ISSN 0718-3399.  http://dx.doi.org/10.4067/S0718-33992016000200006.

The legally protected interest in crimes of trafficking in human beings as defined in Spain and Chile has been the subject of interesting doctrinal debates. This paper examines the four main theses argued: the victim’s dignity, the victim’s moral integrity, the victim’s freedom and the multi-offence nature of the crime; since the strong similarity between the definitions of offences in both countries permits a global analysis, and following this analysis, the grounds are given for supporting one of these theses. Having determined the legally protected interest considered most appropriate, on one side, the conflict of laws between crimes of human trafficking and crimes of exploitation (crimes against sexual freedom, crimes against workers’ rights and crimes of trafficking in human organs) is defined; and, on the other hand, it is concluded that the crimes of trafficking in human beings examined do not have the scope intended in international law.

Keywords : Legally protected interest; trafficking in human beings; exploitation; conflict of laws.

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