Facts
On July 29, 2017, a traffic accident occurred between A. and B. A. attempted to overtake with his car, resulting in a side collision. A. continued driving without providing assistance or notifying the police. B. sustained a clavicle fracture, and his passenger suffered an elbow fracture.
The Public Prosecutor's Office of Graubünden found A. guilty of hit-and-run under Art. 51 para. 2 and Art. 92 para. 2 of the Swiss Road Traffic Act (SVG) in a penal order dated July 30, 2018, and imposed a suspended fine on him. The Regional Court of Albula and the Cantonal Court of Graubünden also convicted A. of negligent hit-and-run.
Considerations
The Federal Supreme Court dismissed A.'s appeal. It confirmed that hit-and-run under Art. 92 para. 2 SVG can also be committed through negligence. This is derived from the wording, purpose, and intent of the provision, as well as the Federal Supreme Court's jurisprudence.
The Federal Supreme Court explained that the violation of the duty of conduct under Art. 51 SVG after an accident fulfills the elements of the offense of unlawful conduct in the event of an accident within the meaning of Art. 92 SVG, regardless of whether it was committed intentionally or…