Facts
X. is accused of having attempted, on behalf of fellow inmates, to procure a silenced pistol, five hand grenades, and spare magazines with ammunition from the Pöschwies Penitentiary. To this end, he made eight telephone calls from the penitentiary to persons in Serbia between June 12 and 15, 2001, and ordered the aforementioned weapons and components from them.
The High Court of the Canton of Zurich found X. guilty of attempted endangerment of safety with weapons and of violation and incitement to violation of the Weapons Act, and sentenced him to an unconditional prison sentence of 10 months. The Cassation Court of the Canton of Zurich dismissed X.'s cantonal nullity appeal.
Considerations
The Federal Supreme Court dismisses the nullity appeal, insofar as it enters into it. The lower court correctly assumed that the appellant fulfilled the elements of the offense under Art. 260quater SCC, both objectively and subjectively, through attempted mediation. It is not necessary for the exact identity of the recipients or their criminal intentions to be established. It is sufficient if it is established that at the time of the act, they intended to commit more or less specific offenses or crimes later with the weapons.
The Federal…