Facts
The Swedish film "I Am Curious" was shown by the cinema owner Beat Bosshard in his cinema "Studio" in Biel. Subsequently, criminal proceedings were initiated against him for indecent publication. The President of the Court in Biel initially acquitted Bosshard, but the High Court of the Canton of Bern later found him guilty of indecent publication, although it exempted him from punishment. Both the Attorney General and Bosshard filed a nullity appeal.Considerations
The Court of Cassation overturned the judgment of the High Court and acquitted Bosshard. It justified this as follows:- The finding of guilt, even if the defendant is exempted from punishment, is an essential part of the criminal judgment and can therefore be challenged by a nullity appeal. - The screening of the film in a cinema falls under the concept of public exhibition according to Art. 204 para. 1 of the Swiss Criminal Code, even if only persons over 18 years of age were admitted. - However,…