Local Court (AG) - Cologne, Judgment as of 10/24/2007
File number 523 Ds 451/07

Key issues

Criminal proceedings regarding human trafficking for the purposes of labour exploitation and a violation of the German Residence Act (AufenthG); confession of the accused.


The court sentenced the accused to imprisonment for seven months. The enforcement of the sentence was suspended and the person put on probation.
The accused had promised the injured party - prior to her coming to Germany - a paid job in her household, medical insurance, and a language course. On this basis, the injured party came to Germany in May 2006 from Brazil on a tourist visa. Until February 2007, the woman took care of the four children of the accused and managed the household seven days per week and up to 14 hours per day. For her work during this entire period of time she received a total of EUR 100.
The court regarded this as being "strikingly incongruous" with the working conditions of other employees within the meaning of section 233 of the German Criminal Code (StGB). The fact that the injured party did not speak German was relied on to substantiate a “foreign-country-connected-vulnerability”. In addition, the smuggling of foreign nationals is a criminal offence under section 96 (1) of the AufenthG. 

In the actual assessment of the sentence, the court took into account the fact that the accused had confessed, the fact that she had not formerly appeared in criminal proceedings, and that she had the sole responsibility for four minor children.

Decision in full text:

AG_Köln_24_10_2007 (PDF, 281 KB, not barrier-free, in German)

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