Facts
The Criminal Court of the Canton of Basel-Landschaft has convicted X., a proponent of the nude body culture, to 10 days of suspended imprisonment for indecent acts committed in public and indecent acts in the presence of children. X. had on several occasions undressed and laid in the sun on the banks of the Birse, in a wooded area accessible to the public between the Birse and the canal, near the densely populated areas of Münchenstein and Arlesheim. He was observed in his behavior by boys of around 10 years old. The Cantonal Court upheld this judgment. The Court of Cassation dismissed X.'s appeal against the judgment of the Cantonal Court, with regard to the acquittal of the charges of indecent acts committed in public.Considerations
According to Art. 203 SCC, anyone who commits an indecent act in public is punishable. The Court of Cassation ruled that the act of bathing and lying naked in the sun, in a place accessible to pedestrians, constitutes an indecent act committed in public. Although X. had taken precautionary measures, the concrete possibility that passers-by could surprise him was present, given the circumstances (spring, fine weather, pedestrian path nearby, children's playground, proximity to…