Criminal proceedings regarding human trafficking for the purposes of labour exploitation, employing foreign nationals without permits, and the retention and misappropriation of wage-based social security contributions.
The review court sentenced the accused to imprisonment for one year and three months after her unsuccessful appeal against the judgment of the court of first instance. The enforcement of the sentence for human trafficking for the purposes of labour exploitation, for employing foreign nationals without permits, and for the retention and misappropriation of wage-based social security contributions was suspended and the accused put on probation.
In 2007, the accused recruited four female Romanian workers under consciously made false pretences that she would employ them in her holiday resort in a legal manner, under regular working conditions, and with health insurance. The women had to work 13 hours per day, seven days per week for anywhere between 14 days and one month at a time as cleaning staff and kitchen help. The hourly wage was EUR 3.20. They did not speak any German, had no social contacts, and had no money at their disposal. This situation, in the opinion of the review court, amounted to a "foreign-country-connected-vulnerability" within the meaning of section 233 of the German Criminal Code (StGB).
Decision in full text:
LG_Traunstein_04_06_2008 (PDF, 4,2 MB, not barrier-free, in German)