Facts
M. was found guilty by the District Court of Horgen of having produced pornography within the meaning of Art. 197 para. 3 in conjunction with Art. 197 para. 1 SCC. In June 2000, he enlarged existing photographs of girls under the age of 16 showing their primary genital organs, and then had them developed in a photographic laboratory, solely for his own consumption.
M. appealed against this decision, requesting to be fully acquitted of the charge of producing pornography.
Considerations
According to case law, Art. 197 para. 3 SCC criminalizes acts of producing and importing hard pornography, even when they are intended for personal consumption. Although the possession and acquisition of such products for personal use are not punishable, the Federal Tribunal considers that production and importation constitute an abstract endangerment of the protected legal interest, namely the undisturbed sexual development of children and young people.
In the present case, the Federal Tribunal ruled that the fact that M. had photographed and enlarged existing…