In April 2024, a trial was opened for pimping at the Sass’ Café in Monaco. 10 months later, at the appeal hearing, the case still has grey areas. Between social reality and the application of the law, this case highlights the ambiguous position of prostitutes in the Principality…
During the hearings at first instance, the case had already shown the tolerance towards prostitution in Monaco. According to the defence, nightclubs, hotels and clothing boutiques all benefit from the presence of prostitutes – who, having been registered and identified by the Sûreté publique, carry on their activity legally. Lawyers representing the management of the establishment and former employees argued that prostitution, although regulated, is tolerated in the Principality and that this social reality should not be confused with a criminal offence.
However, the deputy public prosecutor, Emmanuelle Carniello, pointed out that the defendants were accused of having benefited financially from the presence of these workers in the famous Larvotto establishment.
A debate on the interpretation of the Penal Code
The defence’s argument is based on a comparison with French law. In France, there is zero tolerance of prostitutes – a specific offence has been introduced to punish establishments that encourage prostitution. In Monaco, however, no such directive exists. Thomas Giaccardi, lawyer for the former manager of the Sass’ Café, insisted: ’For there to be a discriminatory ban on prostitutes, there would have to be a legal basis. However, in Monaco, the law does not provide for such sanctions, and other establishments operate in the same way without being prosecuted.
The lawyers go on to argue that the prosecution should not be based on the simple fact of accepting the presence of prostitutes in the establishment, but only on proven acts of soliciting or procuring, which, in their view, are not part of the charges.
The conclusion of the closing arguments and the future of the trial
Following the closing arguments, the defendants were given the opportunity to express their views. While most chose not to add anything, Samuel T., the owner of Sass’ Café, reaffirmed his innocence, saying : ’You are looking at an innocent person. I have nothing to reproach myself for and nothing to hide’. The court’s decision has been reserved and is expected in early May.
This trial, which highlights the complexity of the regulation of prostitution in Monaco, is dividing public opinion and reopening the debate on the way in which social reality and commercial practices should be dealt with by the courts. While some denounce the judicial instrumentalisation of the fight against procuring, others believe that the system should be strengthened to punish abuses. The outcome of this case promises to continue to fuel discussions on morality, legality and tolerance in the Principality.
Image: © A. KHOSH / MAXPPP
