Question juridique clé
Whether H.'s conduct met the elements of pimping under Art. 201(1) StGB
Solution extraite
No. The court held that passive pimping requires exploitation of prostitution together with a personal relationship of some duration between pimp and prostitute; this was lacking here.
Motifs extraits
Although H. organized and profited from the salon and lived from the proceeds, he did not merely parasitize the women in the sense of Art. 201 StGB. The necessary shameless exploitation and a lasting personal relationship with the individual masseuses were absent.