Dismissal of the appeal against conviction for importation of hard pornography

Facts

The SCC Criminal Division has dismissed the appeal filed by the Public Prosecutor's Office of the canton of Solothurn against the judgment convicting [K.] for importation of hard pornography. [K.] had ordered by mail from Amsterdam three video cassettes containing sexual acts with animals and violence, in addition to 30 g of hashish and 30 g of marijuana. The package had been intercepted by Customs in Geneva.

Considerations

1. The cantonal Public Prosecutor's Office has standing to file an appeal, even to the advantage of the accused, when it considers that the challenged judgment violates federal law. 2. Art. 197 para. 3 SCC punishes the importation of hard pornography, even without the intention of distribution. Although the acquisition and possession of such pornography for personal consumption is not punishable, its production and importation are, as they create an abstract danger for the development of minors and a risk of corruption of adult…