Acquittal of the responsible printer due to the absence of a publisher

Facts

In this case, it was about the production and distribution of two leaflets before a municipal council election in Bassersdorf. The printed materials contained only the name of the printer and the place of printing, but not the name of the publisher. The responsible printer [A.] was subsequently found guilty by the single judge in criminal matters of the District Court of Bülach of the continued violation of Art. 322 para. 1 of the Swiss Criminal Code and fined.

However, the High Court of the Canton of Zurich acquitted [A.] of guilt and punishment on April 30, 1979. Thereupon, the Bülach district administration filed a nullity appeal with the request to set aside the judgment of the High Court and to remand the case for a new decision to the lower court.

Considerations

The Federal Supreme Court dismissed the nullity appeal. It stated that according to Art. 322 para. 1 of the Swiss Criminal Code, the name of the publisher and the printer as well as the place of printing must be indicated on printed matter. This provision is intended to facilitate the prosecution of the persons responsible under Art. 27 of the Swiss Criminal Code if a criminal act is committed through the means of the printing press.

The Federal Supreme Court made it clear that Art. 322 para. 1 of the Swiss Criminal Code is to be understood with the proviso that a publisher is actually present. A publisher within the meaning of the law is someone who takes responsibility for the…