Facts
[X.] is the manager of a massage parlor in Zurich, where several persons work as prostitutes. During inspections in July and October 1998, two Hungarian nationals were found without the required work permits. [X.] was subsequently convicted by the single judge in criminal matters of the District of Zurich for violation of the Federal Act on Foreign Nationals' Residence and Settlement (ANAG) to a fine of 3,000 Swiss francs. The High Court of the Canton of Zurich dismissed the cantonal nullity appeal filed by [X.] .Considerations
The Federal Supreme Court states that the appellant [X.] as the manager of the massage parlor "employed" the two foreign prostitutes, even though he did not give them any instructions. The decisive factor is that [X.] decided whether a particular person could work as a prostitute in the parlor. Thus, he allowed the foreign nationals to take up employment within the meaning of Art. 3 para. 3 ANAG and employed them within the…