Facts
On 25 March 2014, the Cantonal Court of Zurich acquitted [X.] in the second instance of the charges of human trafficking, promotion of unlawful entry and unlawful stay, as well as attempted extortion. It convicted her of attempted fraudulent misuse of a data processing system and obtaining employment in Switzerland without the required permit, and imposed a suspended fine.
The Office of the Attorney General of the Canton of Zurich appealed against the acquittal on the charge of human trafficking. The Federal Supreme Court dismissed the appeal.
Considerations
The Federal Supreme Court stated that the offence of human trafficking under Art. 182 para. 1 SCC is fulfilled if the trafficking is for the purpose of sexual exploitation, without the actual exploitation having to occur. However, the consent of the person concerned, given with knowledge of the actual circumstances and corresponding to their actual will, excludes human trafficking.
Based on the factual findings of the lower court, it must be assumed that [A.] acted in a self-determined manner and with the necessary freedom of decision. Prior to her entry…