TitleHuman Trafficking and Prostitution, Pimping
Assessed case number:ECLI:DE:BGH:2022:230322B1STR511.21.0
Brief description of the caseA Regional Court sentenced the defendant to a total term of imprisonment of three years and three months for "commercial" trafficking in human beings for the purpose of labor exploitation in three cases, attempted "commercial" trafficking in human beings for the purpose of labor exploitation, withholding and embezzlement of wages in 19 cases, intentional bankruptcy in three cases and intentional unauthorized handling of waste. Against the non-revising co-defendant L., the district court imposed a total term of imprisonment of two years with the same verdict of guilty.
The defendants jointly managed the W. farm in G. and the S. GmbH in B. in a division of labor. For this purpose, they mainly used Polish employees, whom they employed primarily for peeling and processing potatoes. The defendant and the co-defendant, as employers, did not pay the employee and employer social security contributions for their Polish employees in 2010 in the total amount of 185,279.16 euros and from January to July 2011 in the total amount of 70,279.16 euros. In addition, the In addition, the co-defendant L., as managing director, and the defendant, as de facto managing director of S. GmbH, failed to pay social security contributions for the latter - as of for the years 2007, 2008 and 2009 as of June 30 of the following year. 2009; the company had been insolvent since at least January 2008. The Polish employees formed a joint pool of labor for use at the W. farm and at S. GmbH, whereby the defendants jointly decided where and what those had to work.