Facts
The appellant [B.] was convicted by the District Court of Baden and the High Court of the Canton of Aargau for racial discrimination under Art. 261bis para. 4 SCC. On June 1, 1999, he had referred to the victim [S.] as a "Polish sow" and "wanker" on a street in a residential area in Wohlen, threatened him with a beating, and stated that it had been good that the Nazis had gassed such "Polish sows" back then. He said the Poles were "more rotten than the Yugos". These statements were heard by six people present.
Considerations
The Federal Supreme Court upheld the lower court's judgment. It found that the appellant's statements fulfilled the objective elements of the offence of racial discrimination under Art. 261bis para. 4 SCC. Even though the appellant had not addressed the public directly but the victim, he had accepted that his statements could be perceived by unspecified third parties. Given the time of year, the good weather conditions, and the spatial circumstances, it was to be expected that a multitude of unspecified…