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What it is

Harsher penalties for trafficking people displaced by war or disasters

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 6 April 2022. Introduced by: Grupo Parlamentario Socialista.

Official title: Private Member's Organic Bill amending Organic Law 10/1995, of November 23, on the Penal Code, to aggravate the penalties provided for the crime of human trafficking of persons displaced by an armed conflict or a humanitarian catastrophe.

Source: Congreso de los Diputados, file 122/000214· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law responds to the invasion of Ukraine, which has left millions of people displaced across Europe and tens of thousands in Spain. These people, especially women, girls and boys, are at risk of falling into the hands of traffickers, who have already been detected targeting them.
  2. The Criminal Code adds an aggravated case of human trafficking: when the victim is in a situation of vulnerability caused or worsened by displacement from an armed conflict or a humanitarian disaster. In those cases, the penalties are harsher.
  3. The law takes effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • People displaced by wars or humanitarian disasters: If they become victims of trafficking, the crime carries harsher penalties.
  • Human traffickers: They face tougher penalties if their victims fled an armed conflict or a disaster.
  • Displaced women, girls and boys: They are the groups the law identifies as especially vulnerable to traffickers.

Words worth knowing

Trata de seres humanos (human trafficking)
The crime of recruiting, transporting or harboring people in order to exploit them, for example by forcing them to work or into prostitution.
Circunstancia agravante (aggravating circumstance)
A reason that makes a crime punishable by a harsher penalty.
Ley orgánica (organic law)
A type of Spanish law reserved for major matters, such as fundamental rights, which requires a larger majority to pass.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced6 April 2022Someone registers the text in the Congreso.
  2. Admitted19 April 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments20 May 2022Groups propose changes.
  4. Committee29 September 2022A committee goes through the text in detail.
  5. Plenary13 October 2022All 350 deputies vote.
  6. Senate3 November 2022The Senate can pass it, amend it or veto it.
  7. BOE13 December 2022It is published in the Official State Gazette (BOE) and comes into force.
See the 13 official steps on a timeline
Apr 2022May 2022Jun 2022Jul 2022Aug 2022Sept 2022Oct 2022Nov 202211. 6 April 2022: Presentación22. 19 April 2022: Boletín Oficial de las Cortes Generales Publicación desde 19/04/2022 hasta 22/04/202233. 19 April 2022: Calificación44. 22 April 2022: Gobierno Contestación desde 22/04/2022 hasta 03/05/202255. 3 May 2022: Pleno Toma en consideración desde 03/05/2022 hasta 12/05/202266. 12 May 2022: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 12/05/2022 hasta 17/05/202277. 17 May 2022: Comisión de Justicia Publicación desde 17/05/2022 hasta 20/05/202288. 20 May 2022: Comisión de Justicia Enmiendas desde 20/05/2022 hasta 29/09/202299. 29 September 2022: Comisión de Justicia Informe desde 29/09/2022 hasta 05/10/20221010. 5 October 2022: Comisión de Justicia Dictamen desde 05/10/2022 hasta 13/10/20221111. 13 October 2022: Pleno Aprobación desde 13/10/2022 hasta 03/11/20221212. 3 November 2022: Senado desde 03/11/2022 hasta 13/12/20221313. 13 December 2022: Concluido - (Aprobado con modificaciones) desde 13/12/2022 hasta 24/01/2023

3 November 2022

How did the plenary vote?

More votes in favour 341 yes · 0 no

Voted on: Overall vote on the Private member's Organic bill amending Organic Law 10/1995, of 23 November, the Penal Code, to aggravate the penalties provided for the crimes of human trafficking of persons displaced by an armed conflict or a humanitarian catastrophe (formerly known as Private member's Organic bill amending Organic Law 10/1995, of 23 November, the Penal Code, to aggravate the penalties provided for the crimes of human trafficking of persons displaced by armed conflict motivated by the invasion of Ukrainian territory by troops of the Russian Federation), given its organic nature.

This law had 11 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 160 of sitting 213· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX.

By province: in 52 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
12 in favour · 1 did not vote
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto11
10 in favour · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc33
30 in favour · 3 did not vote
GPlu12
11 in favour · 1 did not vote
Popular en el Congreso88
88 in favour
VOX52
51 in favour · 1 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Organic Law 13/2022, of December 20, amending Organic Law 10/1995, of November 23, the Penal Code, to aggravate the penalties provided for the crime of human trafficking of persons displaced by an armed conflict or a humanitarian catastrophe.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.