Gaps in the Effectiveness of the Criminal Justice System in Addressing Human Trafficking

Wed, September 23 | 11:15 AM EDT–12:15 PM EDT
Topic: Law Enforcement, International | Knowledge Level: Advanced

Carolina Villacampa, PhD (she/her), Marc Salat, PhD (he/him), and Clàudia Torres, PhD (she/her)

Despite important legislative advances, significant gaps persist in the effectiveness of the Spanish criminal justice system in addressing human trafficking (HT). This panel presents three empirical studies examining judicial practice, prosecution challenges, and the economic dimension of trafficking. The panel explores: (1) How has Spanish Supreme Court jurisprudence (2011–2021) conceptualized trafficking and its victims, and how does this align with criminological scholarship? (2) What normative, institutional, and attitudinal barriers hinder the prosecution of trafficking for labor exploitation? and (3) To what extent are economic-oriented criminal law mechanisms effectively used to address the profit-driven nature of trafficking? The first study analyzes all Supreme Court trafficking judgments (2011–2021), comparing judicial reasoning with existing literature. The second is based on 33 qualitative interviews with criminal justice and labor professionals, identifying obstacles in labor trafficking cases. The third examines 128 convictions (2012–2022) from Provincial Courts and the National Court, assessing the practical implementation of substantive and procedural tools aimed at confiscation and financial disruption. Findings show growing judicial awareness of victims’ rights but persistent doctrinal ambiguities and a bias toward sexual exploitation. Labor trafficking remains under-prosecuted due to regulatory fragmentation, institutional shortcomings, and professional misconceptions. Economic instruments are underused and limited in impact. The panel calls for clearer jurisprudence, stronger inter-institutional coordination, specialized training, and more robust economic enforcement to enhance a victim-centered and economically disruptive response to trafficking.


Presentation Objectives
  • Analyze the conceptualization of human trafficking and its victims within Spanish jurisprudence to identify discrepancies between judicial reasoning and scientific literature
  • Evaluate the normative, institutional, and attitudinal barriers that hinder the effective prosecution of labor exploitation cases within the Spanish criminal justice system
  • Examine the practical implementation and effectiveness of economic-oriented criminal law mechanisms, specifically focusing on asset confiscation and financial disruption in trafficking convictions
  • Discuss evidence-based recommendations for legal reforms and inter-institutional coordination to foster a more victim-centered and economically disruptive response to human trafficking
About the Presenters
Carolina Villacampa, PhD (she/her)

Carolina Villacampa is a Full Professor of Criminal Law at the University of Lleida (Spain). Recipient of the 2022 ICREA Academia Award for research excellence, she has specialized in human trafficking for over a decade, establishing herself as a leading expert in the field.


Marc Salat, PhD (he/him)

Marc Salat is an Associate Professor of Criminal Law at the University of Lleida (Spain). His research focuses on victimization and de-victimization processes, particularly regarding gender-based violence and human trafficking, as well as alternatives to the criminal justice process.


Clàudia Torres, PhD (she/her)

Clàudia Torres is an Assistant Professor of Procedural Law at the University of Lleida (Spain). Her research specializes in criminal and procedural law, with a particular focus on human trafficking and its intersections with economic crime.