Pimping

Legal definiton 

Section 189 of the Criminal Code:

(1) Whoever induces, procures, hires, entices, or lures another person to engage in prostitution, or

whoever profits from prostitution performed by another person,

shall be punished by imprisonment for six months to four years, disqualification, or forfeiture of an item.

(2) The perpetrator shall be punished by imprisonment for two to eight years if the act referred to in paragraph 1 is committed:

a) with the intent to obtain substantial benefit for themselves or another person, or

b) as a member of an organised group.

(3) The perpetrator shall be punished by imprisonment for five to twelve years or forfeiture of property if the act referred to in paragraph 1 causes serious bodily harm.

(4) The perpetrator shall be punished by imprisonment for eight to fifteen years or forfeiture of property if the act referred to in paragraph 1 results in death.

Subjective aspect - intent

Pimping is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant:

• Did the accused induce, procure, hire, entice, or lure another person to engage in prostitution?
  
• Did the accused profit from prostitution performed by another person?
  
• Was it a case of engaging in prostitution?
  
• What was the nature of the other person's activity?
  
• What did the accused provide to the person in question?
  
• Did the accused gain any benefit from the relationship?
  
• What form did the potential benefit take?
  
• Did the accused have any (other) legal income?
  
• What was the relationship between the perpetrator and the other person?
  
• How did they interact? 
  
• Was the perpetrator sane at the time of the act? Were they under the influence of alcohol, drugs, or mental illness?
• Was the perpetrator's intent directed towards the decisive facts?

In the case of this criminal offence, it is particularly important to reconstruct the entire course of the relevant actions and their context in detail. Special attention must be paid to the credibility of both the alleged perpetrator and the aggrieved person. An expert opinion in the field of healthcare, specifically clinical psychology and psychiatry, which is often prepared in such cases, can play a very significant role in this process.