Tipicidad de la criminalidad forzada como forma de explotación del delito de trata de seres humanos en el derecho chileno

This paper examines the criminal treatment of a phenomenon that arises within human trafficking crime. It focuses on a particular form of exploitation inherent to this crime: forced criminality. By examining the legal concept of “forced labor or services” under Chilean law, we argue that criminal exploitation is indeed a form of exploitation that is encompassed by human trafficking crime. This conclusion is demonstrated to be compatible with the legal certainty requirements derived from the principle of legality in criminal law.