Facts
X., a journalist from the daily newspaper "Blick", called the public prosecutor's office of the Canton of Zurich on September 10, 1997 and asked an administrative assistant to provide him with information about the criminal records of persons who had been arrested in connection with the Fraumünster post office robbery. The administrative assistant retrieved the requested information from the internal computer system and faxed it to X. However, X. did not publish the information.
X. was found guilty by the High Court of the Canton of Zurich of incitement to breach of official secrecy (Art. 24 para. 1 in conjunction with Art. 320 no. 1 para. 1 of the Swiss Criminal Code) and was punished with a suspended fine. The administrative assistant was separately punished for breach of official secrecy (Art. 320 no. 1 para. 1 of the Swiss Criminal Code).
X. filed a nullity appeal against the judgment of the High Court.
Considerations
The Federal Supreme Court dismissed the nullity appeal.
According to the explanations of the Federal Supreme Court, a person can be guilty of incitement to breach of official secrecy if they intentionally determine another person to disclose an official secret. Conditional intent is sufficient, i.e., the inciter must at least have accepted the possibility that the incited person would commit an act that fulfills the elements of the offense and is unlawful.
The Federal Supreme Court affirmed the incitement intent of the appellant X. As an experienced journalist, he must have known…