On January 07, 2010, the defendant Andreas Schwarz promoted the output of the victim J.D.P.A. for the purpose of sexual exploitation to Switzerland.
Once in Switzerland, the victim J.D.P.A. was forced to work as prostitute, being kept locked in a “private jail” and the defendant also forced the victim to pay him about a thousand Swiss francs a day. Each program was worth about two hundred Swiss francs.
The investigation began after the deposition of M.C.C.S. who had a relationship with the defendant Andreas Schwarz. M.C.C.S. discovered what happened to the victim J.D.P.A. by phone messages sent by the victim describing that she was in a terrible and dangerous situation. M.C.C.S. also described the modus operandi used by the defendant Andreas Schwarz to choose the women he would take to Europe for the purpose of sexual exploitation. Initially, he deceived the victims pretending to be in love with them, and after having gained their trust, he asked them to get other women interested to work in Europe. The defendant arranged the trips and even paid for their passports.
Brésil
Suisse1st Instance:
Justiça Federal - Seção Judiciária do Estado de Pernambuco - 4º Vara [Federal Justice – Judiciary Section of Pernambuco]
Location: Recife, Pernambuco
2010-06-21
Reference: Processo nº 0017108-17.2010.4.05.0000
2nd Instance:
Tribunal Regional Federal da 5ª Região, Primeira Turma [Appelate Court]
Recife, Pernambuco
2011-11-30
Reference: Processo nº 0017108-17.2010.4.05.0000 RVCR 98
The defendant Andreas Schwarz was sentenced to five years of imprisonment and a fine consisting of 120 daily fines, each day calculated on 1/10 of the minimum wage.
The Judge of the First Instance considered that the materiality and authorship of the criminal offense had been proven by the evidence gathered, such as the migration certificate of the defendant and of the victim J.D.P.A., as well as text messages sent by the victim to M.C.C.S.
The Judge noted that all the proofs demonstrated that the defendant promoted the output of the victim J.D.P.A. for the purpose of sexual exploitation. The defendant forced the victim to prostitute and for each sexual program he charged two hundred Swiss francs, and also demanded a profit of one thousand Swiss francs per day.
The Judge took into consideration the great disapproval of the conduct of the defendant, once he pretended to have emotional feelings for the victim and abused of her vulnerability to make her to work as prostitute abroad. The Judge also pointed out that the defendant had previously been sentenced for promoting prostitution abroad.
Article 231 Penal Code
Tráfico internacional de pessoa para fim de exploração sexual
Art. 231. Promover ou facilitar a entrada, no território nacional, de alguém que nele venha a exercer a prostituição ou outra forma de exploração sexual, ou a saída de alguém que vá exercê-la no estrangeiro.
Pena - reclusão, de 3 (três) a 8 (oito) anos.
§ 1o Incorre na mesma pena aquele que agenciar, aliciar ou comprar a pessoa traficada, assim como, tendo conhecimento dessa condição, transportá-la, transferi-la ou alojá-la.
§ 2o A pena é aumentada da metade se:
I - a vítima é menor de 18 (dezoito) anos;
II - a vítima, por enfermidade ou deficiência mental, não tem o necessário discernimento para a prática do ato;
III - se o agente é ascendente, padrasto, madrasta, irmão, enteado, cônjuge, companheiro, tutor ou curador, preceptor ou empregador da vítima, ou se assumiu, por lei ou outra forma, obrigação de cuidado, proteção ou vigilância; ou
IV - há emprego de violência, grave ameaça ou fraude.
§ 3o Se o crime é cometido com o fim de obter vantagem econômica, aplica-se também multa.
International Trafficking in person for the purpose of sexual exploitation
Art. 231. To promote or to facilitate the entry in the national territory, for someone who will exert the prostitution or other form of sexual exploitation, or the output of someone who will exercise it abroad.
Penalty: imprisonment of 3 (three) to 8 (eight) years.
§ 1 The penalty is also applied for those which recruit, entice or buy the trafficked person, as well as, those which having knowledge of this condition, transport, transfer or host the trafficked person.
§ 2 The penalty is increased by half if:
I - the victim is a minor of 18 (eighteen) years;
II - the victim, by illness or mental disability, does not have the necessary discernment for the practice of the act;
III - if the agent is ascendant, stepfather, stepmother, brother, stepson, spouse, companion, tutor or curator, preceptor or employer of the victim, or if he assumed, by law or otherwise, obligation of care, protection or surveillance; or
IV - there are employment of violence, serious threat or fraud.
§ 3 If the crime is committed in order to obtain economic benefit, a fine is also applied.
[unofficial translation]
2nd instance:
The defendant Andreas Schwarz filled a criminal revision, under the article 621, I and II of the Penal Procedure Code, against the condemnatory sentence of First Instance. The defendant claimed that the principle of innocence was violated, since the Judge of the First Instance used the principle of culpability for the condemnation. The defendant also argued that he never promoted international sexual exploitation and therefore had no criminal record. He also sustained that the penalty should be set at the legal minimum and the custodial sentence should be changed for an alternative penalty.
The Court concluded that the claims were generic. The defendant did not objectively indicate which topics of the condemnatory sentence were contrary to the law or to the evidence gathered. The Court pointed out that the defendant’s allegations were mere dissatisfaction with the decision of the First Instance, and rejected the appeal.
Federal Court (Tribunal Regional Federal da 5ªRegião)
Processo nº 0017108-17.2010.4.05.0000
