Facts
This case involved allegations of multiple acts of racial discrimination against [X.] . The public prosecutor's office accused him of having quoted verses from the Quran in nine texts published on the website of the [A.] -Party and having made comments that fulfilled the elements of the offense of racial discrimination under Art. 261bis para. 4 of the Swiss Criminal Code. The District Court of Andelfingen found [X.] guilty of all charges of racial discrimination, while the High Court of the Canton of Zurich convicted him on four charges and acquitted him on five charges.
[X.] filed a criminal complaint with the Federal Supreme Court. He alleged a violation of the principle of indictment, as the indictment did not indicate which specific statements of the complainant fulfilled the elements of racial discrimination.
Considerations
The Federal Supreme Court upheld the complaint. It stated that, in accordance with the principle of indictment, the public prosecutor's office should have listed in the indictment the specific statements of the complainant that, in its view, fulfilled the elements of racial discrimination. Instead, the public prosecutor's office had merely summarized the nine…