Facts

The case concerns several individuals who were convicted for obscene publications of films:

  • Erwin Dietrich, who was involved as a producer, screenwriter and director in the production of the films "Blutjunge Verführerinnen", "Die Stewardessen" and "Gefährlicher Sex frühreifer Mädchen", and distributed these films to various cinemas.
  • Karl Feierabend, who as the managing director of the Etoile cinema in Zurich screened the film "Blutjunge Verführerinnen".
  • Dr. Albert Schumacher, who as the managing director of Beatus AG allowed the film "Die Stewardessen" to be shown in the "Cinébref" cinema in Zurich.
  • Hans Schneider, who as the owner and managing director of the "Stüssihof" cinema in Zurich screened the film "Gefährlicher Sex frühreifer Mädchen".

The District Court of Zurich convicted these individuals for repeated and continuous obscene publications under Art. 204 para. 1 and 3 of the Swiss Criminal Code. The High Court of the Canton of Zurich upheld these convictions.

Considerations

The Federal Supreme Court upheld the judgments of the lower courts. It found that the three films were objectively to be considered obscene, as they contained a multitude of offensive, erotically provocative scenes that severely violated the sexual modesty of the average viewer.

The Federal Supreme Court rejected the arguments of the appellants that the films were not obscene, as they…