Ganancias ilícitas en la lucha contra la trata de seres humanos en Canarias: instrumentos penales para combatirla

Abstract

Human traffi cking is one of the criminal phenomena that gen erates the most profi ts for organised crime. Despite the above, the scale of its economic dimension is often overshadowed by the preponderance of the victimological perspective on which public policies aimed at dismantling these groups are designed. This leads to an entrenched legal perversion, such as the lucra tive impunity derived from the lack of measures to intervene in the profi ts that have been made from the suff ering and pain of others. This is a responsibility directly attributable to the specifi c legal operators in charge of handling these procedures. In the Ca nary Islands, human traffi cking off ers a melting pot of victimisa tion profi les. This paper aims to document the judicial reality of Nigerian women freed in traffi cking contexts and the criminal in struments adopted in judicial decisions to trace the illicit profi ts generated in this unique context: proportional fi ne, confi scation and civil liability arising from the off ence. There is a structural fl aw in the legal and institutional approach to the phenomenon. It is important to become aware of this serious problem to be able to adequately compensate the released victims and to agree on the confi scation of the illicit profi ts generated, which are not even minimally outlined in the resolution. On the other hand, there is also no reference to the assets acquired by the convicted persons during the period of exploitation of their victims.