Facts
The appellant A. opened the massage salon X.-AG in Zurich, which the appellant B. had organized and financed. In the salon, the employed young masseuses also performed so-called "fine massages" upon the customers' request, which are to be considered as lewdness within the meaning of Art. 198 SCC.Considerations
The Federal Supreme Court upheld the conviction of the appellants. It stated that the so-called "fine massages", which involved rubbing the genitals until ejaculation, are to be considered as lewdness within the meaning of Art. 198 SCC. Contrary to the appellants' argument, the recent case law on Art. 204 SCC has not changed this.
The Federal Supreme Court considered it proven that the appellants had promoted lewdness out of greed for profit. They had systematically and intensively operated the massage salon in such a way that the highest possible profits could be achieved through the performance of fine massages. In doing so, they charged a significantly inflated price, which was to be regarded as a surcharge for the performance of the fine massages.
The Federal Supreme Court also rejected the appellants' objection that they did not know that fine massages fall…