Conviction of the manager of a sauna club for illegal employment of foreign prostitutes

Facts

The High Court of the Canton of Lucerne convicted the appellant X., the manager of the sauna club "B.", for multiple intentional employment of foreigners without a permit, multiple violations of the reporting obligation, multiple operation without a permit, and multiple prohibited carrying of weapons. The five foreign women from Poland and Hungary who were prostituting themselves in the sauna club had entered as tourists without regularizing their stay. X. accommodated the prostitutes against payment in the club without reporting this to the local police.

Considerations

The appellant alleges a violation of Art. 2 para. 2 ANAG. He argues that according to Art. 2 para. 1 ANAV, the reporting obligation only applies to the host, i.e. the person who provides accommodation to a foreigner not in his employment. Since he is considered the employer of the foreign women, he is not also a host within the meaning of Art. 2 para. 2 ANAG and therefore was not subject to the reporting obligation.

The Federal Court follows this argument. It states that the host's reporting obligation under…