Facts
The Federal Court upheld the conviction of the appellant for multiple counts of promotion of prostitution under Art. 195 para. 3 SCC and granting an advantage under Art. 322quinquies SCC. The appellant operated a brothel in Lucerne, where 15 to 20 illegally working prostitutes from Eastern Europe and South America were employed. He exerted a determining position over the women by restricting their freedom of action, putting them under pressure, and in individual cases demanding certain behaviours in the selection of clients. Furthermore, the women who could not pay their rent had to provide free sex on the instructions of the appellant. In addition, the appellant was convicted of bribery of a police officer, to whom he wanted to give 2,500 francs as a donation to thank him for fair treatment.Considerations
The Federal Court states that the elements of the offence of promotion of prostitution under Art. 195 para. 3 SCC are fulfilled if the perpetrator holds a determining position over the prostitutes, which allows him to restrict their freedom of action and determine how they pursue their activity. Such pressure can consist in the perpetrator exercising control over whether, how and to what extent the prostitute engages in the trade, regularly demanding an account from her of her work and earnings, or…