Questione giuridica chiave
Whether the conviction for pornography regarding files on the hard drive violated the indictment principle.
Decisione estratta
The lower court departed to the defendant's detriment from the indictment by treating the charged possession of pornography as deliberate downloading and storage, i.e. 'production' under Art. 197 para. 3 StGB, instead of the charged possession under Art. 197 para. 3bis StGB.
Motivazione estratta
The indictment expressly alleged possession and even noted that conscious downloading could not be proven. The court may not convict on a materially different factual basis not described in the charge.