Commentary on Judgment No. 19973 of 2023: Exploitation and Recruitment in Prostitution

Judgment No. 19973 of January 9, 2023, filed on May 11 of the same year, offers an important reflection on offenses against public morality and good customs, particularly concerning prostitution. In this context, the Court of Cassation has clarified the relationship between the crime of recruiting persons for the purpose of making them engage in prostitution and that of exploiting prostitution. These two offenses, while connected, present significant distinguishing elements.

The Offenses of Recruitment and Exploitation of Prostitution

According to the Court, the crime of recruiting persons for the practice of prostitution concurs with that of exploiting prostitution for two main reasons:

• Diversity of the objective element: In the first case, the conduct is preordained for the subsequent practice of prostitution by third parties, while in the second case, the conduct is consequent to the commission of acts of prostitution.
• Different ratio decidendi: Recruitment aims to combat the spread of prostitution, while exploitation is intended to penalize those who profit from the prostitution activities of others.

The Ruling of the Judgment

Relationship with the crime of exploitation of prostitution - Concurrence of offenses - Reasons. In matters of offenses against public morality and good customs, the crime of recruiting persons for the purpose of making them engage in prostitution concurs with that of exploiting prostitution, both due to the diversity of the objective element, with the conduct in one case being preordained for the subsequent practice of prostitution by third parties and in the other being consequent to the commission of acts of prostitution, and due to the different 'ratio incriminatrice,' with the former offense pursuing the aim of combating the spread of prostitution and the latter being aimed at penalizing those who knowingly profit, in economic terms, from the prostitution activities of others.

This ruling, of great relevance, offers a clear framework of the distinctions between the two offenses and underscores the importance of an adequate regulatory approach to combat the phenomenon of prostitution and its social implications.

Conclusions

Judgment No. 19973 of 2023 represents a step forward in the understanding of offenses related to prostitution. The distinction between recruitment and exploitation is not merely legal but also reflects a social intent to protect the dignity of the persons involved. It is essential that the legal system continues to evolve to address the challenges posed by prostitution and its multiple facets, thereby ensuring adequate protection and effective intervention against human rights violations.