PROSTITUTION OF THE HANDICAPPED AND THE UNDERAGE IN THE CRIMINAL LAW: SOME PROBLEMATIC ASPECTS BEFORE AND AFTER THE ORGANIC LAW 1/2015, MARCH, 30TH, PERTAINING TO THE REFORM OF THE CRIMINAL CODE

Abstract

This paper analyses the article of the Spanish Criminal Code according to which those who induce, promote, favor or facilitate the prostitution of a handicapped or an underage person or else solicit, obtain or accept a sexual relationship with these subjects in exchange of a remuneration or a promise, commit a criminal offence. The study is intended to reveal certain problems of the regulation derived from the Organic Law 5/2010, June 22nd, and the correspondent provisions comprehended in the Organic Law 1/2015, March 30th, in force since the first of July of 2015. Both legislations breach the principles of legality and proportionality. Moreover, they cover an interest that is not worth of protection within the Spanish constitutional framework