Facts
The DFC was seized with an appeal for nullity against an acquittal judgment of two persons accused of racial discrimination. The central question was whether the alleged acts had been committed publicly, a requirement under Art. 261bis of the SCC for such acts to be punishable. The facts are as follows: on 26 September 1999, a meeting organised by X. on behalf of association Z. was held in a forest shelter. Y., who was not a member of the association, gave a lecture on "the origin of the SS and the Waffen-SS" before 40 to 50 persons belonging to the "skinhead" movement. The Public Prosecutor's Office indicted X. and Y. for racial discrimination.Considerations
The DFC ruled that the alleged acts had indeed been committed publicly within the meaning of Art. 261bis SCC. According to its revised case law, statements are public if they do not take place in a private setting, i.e. within a family or circle of friends or in an environment of particular trust. The number of persons present may play a role, but is…