Lifelong professional ban for convicted pornography offender

Facts

The appellant [A.] was convicted by the District Court of Meilen for multiple offenses of pornography under Art. 197 para. 5 of the Swiss Criminal Code (SCC) to a conditional fine and a penalty. Additionally, a lifelong professional ban within the meaning of Art. 67 para. 3 lit. d no. 2 SCC was ordered. [A.] appealed against the judgment of the High Court of the Canton of Zurich, which confirmed the professional ban, to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It found that the legal requirements for the imposition of the lifelong professional ban were met. The appellant was convicted of pornography with content of sexual acts with minors, which according to Art. 67 para. 3 lit. d no. 2 SCC necessarily results in such a ban. The lower court rightly denied a "particularly minor case", as the underlying offense cannot be classified as a petty…