Government's anti-trafficking crackdown: surrogacy enters the Criminal Code as an offence
The legislative decree implementing European Directive 2024/1712 was approved subject to agreement. Imprisonment of up to three years for clients of victims is being considered
Key points
The government pushes the accelerator on the fight against human trafficking. And it does so by also extending the list of behaviours that integrate the crimes of trafficking and enslavement to surrogacy in the Criminal Code, by enhancing the training of magistrates and strengthening compensation for victims. The Council of Ministers approved, subject to agreement, the draft legislative decree implementing European Directive 2024/1712 on the prevention and repression of trafficking. It was signed by Ministers Tommaso Foti (European Affairs) and Eugenia Roccella (Family, Birth and Equal Opportunities).
Surrogacy among the modalities integrating offences
In 14 articles, the text first of all amends Article 600 of the Criminal Code (reduction or maintenance in slavery or servitude), lengthening the list of exploitation punishable by imprisonment from eight to twenty years: no longer only "coercion to labour or sexual services or to begging or in any case to the performance of illegal activities involving exploitation or to undergo organ removal", but also surrogate motherhood, illegal adoption and forced marriage. The same extension is proposed for Article 601 referring to trafficking, in which, moreover, 'the production of images, videos or similar material of a sexual nature' is also included in the list of sexual services.
Possible imprisonment of up to three years for customers
Instead, the new Article 601.1, 'taking advantage of the victim of enslavement or trafficking', which in the text that has been passed by the Cabinet, proposes penalties for 'aware' clients, is still under consideration: the hypothesised rule, which however requires an additional discussion within the Government, establishes that anyone who exploits the services of those who are known to be victims of trafficking or enslavement 'shall be punished by imprisonment of up to three years and a fine of between EUR 500 and EUR 3,000'.
Training for public officials, practitioners and magistrates
In line with what has already been envisaged for the autonomous crime of feminicide, also in this case the measure strengthens the training courses: compared to the generic prescription indicated in Legislative Decree 24/2014, the draft legislative decree provides that the administrations organise specific periodic and specialised training modules on trafficking issues 'for the public officials concerned and for all operators who may come into contact with actual or potential victims'. Ad hoc initiatives should also be included in the programme lines proposed each year by the Minister of Justice to the Higher School of the Judiciary.
Compensations up to 10 thousand euro
The draft makes it explicit how the single programme of emersion, assistance and social integration that guarantees, on a transitional basis, adequate accommodation, food and health care to foreigners also applies to 'presumed victims' and expands the margins of the indemnities that insist on the Fund for anti-trafficking measures set up at the Presidency of the Council: Law 228/2003 provided that they were fixed and equal to 1,500 euros for each victim; now it is established that they range from 1,500 euros to a maximum of 10,000 euros.
