Refusal to waive the ban on exercising an activity due to lack of cumulative conditions

Facts

The case concerns an individual, A., who was convicted for possession of child pornography material and for using an electronic means of communication to harass a minor. The cantonal court imposed a ban on exercising any professional or non-professional activity involving regular contact with minors. A. appealed this decision, requesting that the ban be lifted under Article 67 paragraph 4bis of the Swiss Criminal Code (SCC), which allows courts to waive the ban in exceptional cases.

The facts of the case are as follows: A. downloaded and possessed image files of a pornographic nature involving minors, and also harassed a minor through an electronic means of communication. The cantonal court considered that these acts justified a ban on exercising any activity involving minors, due to the risk of recidivism.

Considerations

The Federal Court examined the cumulative conditions for waiving the ban on exercising an activity, as provided for in Article 67 paragraph 4bis SCC. It considered that A.'s case did not meet these conditions, as it was not a particularly minor case and the ban was necessary to prevent new offenses.

The court also examined the exceptions to the ban, as provided for in Article 67 paragraph 4bis letters a and b SCC, which…