Facts
X. was subjected to a police check on January 18, 2002, in a park in Zurich, while he was giving martial arts lessons to two students. During the check, in addition to several knives, an object made of hard plastic (a type of "knuckleduster") was found, which X. apparently had in a sports bag.
By judgment of September 11, 2002, the single judge in criminal matters at the District Court of Zurich found X. guilty of prohibited carrying of weapons (carrying a knuckleduster) pursuant to Art. 33 para. 1 lit. a in conjunction with Art. 5 para. 1 lit. c and Art. 4 para. 1 lit. d of the Weapons Act, and sentenced him to a fine of CHF 200, conditionally expungeable from the criminal record after a probationary period of one year.
The High Court of the Canton of Zurich upheld the contested judgment on November 18, 2002, with regard to the guilt and sentence.
X. filed a federal nullity appeal with the request to set aside the judgment of the High Court, insofar as he was convicted of carrying a knuckleduster.
Considerations
The Federal Court held that the object in question, made of hard plastic, is objectively intended to injure people and is therefore to be classified as a weapon within the meaning of Art. 4 para. 1 lit. d of the Weapons Act. The decisive factor is the objectively recognizable purpose of the object, not subjective factors such as the intention of the manufacturer or the conviction of the appellant.
The object can be held in such a way that the upper crossbar rests in the palm of the hand, while the other end with the reinforced tip…