2 StR 90/08
Palabras clave
Informacíon procesal
1st Instance:
Court: Landgericht (Regional Court) Koblenz
Location: Koblenz, Germany Date of decision: 2007-09-05
Reference: [add if official report available]
2nd Instance:
Court: BGH (German Federal Supreme Court)
Location: Germany Date of decision: 2008-03-26
Reference: http://www.institut-fuer-menschenrechte.de/uploads/pics/bgh_26_03_2008.pdf
Víctima / Demandantes de primera instancia
Acusado / Demandado de primera instancia
resumen de los hechos
The defendant attempted to induce the victim to engaging in prostitution, which was not successful. The Decision of the Supreme Court does not provide more information about the facts.
Cargos/Reclamación/Decisión
§232(4)(2) StGB (German Criminal Code)
(1) Whosoever exploits another person’s predicament or helplessness arising from being in a foreign country in order to induce them to engage in or continue to engage in prostitution, to engage in exploitative sexual activity with or in the presence of the offender or a third person or to suffer sexual acts on his own person by the offender or a third person shall be liable to imprisonment from six months to ten years. Whosoever induces a person under twenty-one years of age to engage in or continue to engage in prostitution or any of the sexual activity mentioned in the 1st sentence above shall incur the same penalty.
(4) The penalty under subsection (3) above shall be imposed on any person who
1. induces another person by force, threat of serious harm or by deception to engage in or continue to engage in prostitution or any of the sexual activity mentioned in subsection (1) 1st sentence above or
2. gains physical control of another person by force, threat of serious harm or deception to induce them to engage in or continue to engage in prostitution or any of the sexual activity mentioned in subsection (1) 1st sentence above.
The court convicted the defendant of Attempted Serious Trafficking for the Purpose of Sexual Exploitation because the victim did not engage in prostitution.
2nd instance:
BGH (German Federal Supreme Court). The defendant appealed the judgment. The Court ruled that the conviction of Attempted Trafficking for the Purpose of Sexual Exploitation was not correct. The fact that the victim did not engage in prostitution is irrelevant as the crime of §232(4)(2) StGB(German Criminal Code) is completed with gaining physical control over the victim with the purpose of inducing her to engage in or continue with prostitution. The court therefore changed the verdict accordingly to Serious Trafficking for the Purpose of Sexual Exploitation.
Fuentes/Citas
http://www.institut-fuer-menschenrechte.de/uploads/pics/bgh_26_03_2008.pdf