PIMP OR SPOUSE OF A "SEX WORKER"
PIMP OR SPOUSE OF A "SEX WORKER"

Summary/Abstract: Prostitution and pimping, as human behaviors, have existed since ancient times and the criminal treatment applicable to them has born the mark of the regime that adopted it. If there were periods in which prostitution was not criminalized, pimping was almost invariably criminally sanctioned, the purpose of the regulation ranging from the protection of good morals, the rules of social coexistence to the protection of freedom and human dignity. Given that the new Criminal Code no longer criminalizes prostitution and that many people who engage in such activity, both in the country and on the territory of some European Union states where prostitution is legal, share the money obtained with the spouse or other family members, the possibility of exempting the spouse from the category of active subjects of the crime was raised in the judicial practice. The spouse cannot be included or excluded from the sphere of the active subject of the crime of pimping, de plano, simply by referring to their marriage to a person who practices prostitution voluntarily but by proving they obtain patrimonial benefits from the exploitation of the other spouse.

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