Facts
Ms. X. operated a sex club called "Z." in Bremgarten from October 1 to December 31, 1983. She placed paid advertisements for the club in the "Blick" newspaper and in the Swiss "Sexanzeiger". The entrance fee was 70 CHF, giving access to all the club's facilities (pool, sauna, shower, video room, rooms, etc.). The women present also had to pay an entrance fee of 70 CHF, but did not have to share any of the earnings from sexual acts. In case of an overnight stay, they had to pay an additional 50 CHF. Ms. X. took over this club with the aim of making a living from it and no longer having to prostitute herself. However, she did not make a profit and only generated losses. To make ends meet, she used the earnings from her own sexual acts within the club.Considerations
The District Court of Bremgarten convicted Ms. X. of professional pimping within the meaning of Art. 199 para. 1 SCC to six months' imprisonment, a fine of 1,500 CHF and three years' expulsion from the territory. The Court of Appeal of the Canton of Aargau dismissed the main appeal, but reduced the probation period to two years.
According to the case law of the Federal Tribunal, the criterion of greed within the meaning of Art. 198 SCC is fulfilled as soon as the perpetrator seeks to derive a financial advantage by promoting debauchery, even if their intention to enrich themselves is not realized. In the present case, the findings of the Court of Appeal indicate that Ms. X. took over the club with the aim of making a…