Partial Annulment of the Judgment of the High Court of the Canton of Zurich due to Sexual Acts with Children and Pornography

Facts

The appellant [X.] was found guilty by the District Court of Zurich of multiple sexual acts with a child within the meaning of Art. 187 para. 1 no. 1 SCC, multiple pornography within the meaning of Art. 197 no. 3 SCC, and assault within the meaning of Art. 126 para. 1 SCC. The High Court of the Canton of Zurich confirmed the guilty verdict but reduced the custodial sentence from 12 to 8 months' imprisonment.

[X.] filed a federal nullity appeal against the judgment of the High Court. The Federal Supreme Court partially annulled the judgment and remanded the case to the lower court for a new assessment.

Considerations

With regard to the allegations of sexual acts with a child, the Federal Supreme Court confirmed the assessment of the lower court. The holding of the appellant's genitals by his daughter and the insertion of a finger into her vagina while bathing were qualified as sexual acts within the meaning of Art. 187 para. 1 no. 1 SCC.

However, the Federal…