Production of hard pornography for personal use

Facts

Between the end of May 1999 and May 25, 2001, X. downloaded pornographic images of children and animals from websites on the Internet onto the hard drive of his personal computer. He then stored the files on diskettes and a CD. He made the copies exclusively for his own use. On April 14, 2004, the High Court of the Canton of Solothurn acquitted X. of the charge of pornography within the meaning of Art. 197 No. 3 of the Swiss Criminal Code (StGB). The Public Prosecutor's Office of the Canton of Solothurn then filed a federal nullity appeal.

Considerations

The Federal Supreme Court upholds the nullity appeal. It states that downloading and storing hard pornography, even if it is only for personal use, constitutes an act of production within the meaning of Art. 197 No. 3 StGB. The provision covers not only the original production, but also the reproduction and copying of existing pornographic works. It is irrelevant whether the reproduction is carried out by physical or electronic means. The Federal Supreme Court sees in the behavior of the appellant an…