Facts
The appellant [X.] was found guilty by the High Court of the Canton of Zurich of multiple instances of disobedience against an official order within the meaning of Art. 292 SCC and was sentenced to a fine of Fr. 1'000.--. The decision of the Municipal Council [A.] , which prohibited the use of an apartment as a dying apartment, was served on the appellant on September 26, 2007. However, the appellant had already carried out three accompaniments of the dying in the apartment before this date.
The appellant claimed that the decision had not been properly served on him at the time of the accompaniments of the dying and that he therefore had no knowledge of the penalty. The High Court and the Public Prosecutor's Office of the Canton of Zurich waived their right to comment.
Considerations
The Federal Court examined whether the appellant was aware of the decision of the Municipal Council [A.] . It found that the cantonal authorities had assumed that the appellant was aware of the decision of the Municipal Council [A.] , as the association [B.] had granted a general power of attorney to lawyer [D.] and he had appealed against the decision of the municipality [A.] regarding the change of use to the Building Appeals Commission II of the Canton of Zurich.
However, the Federal Court found that the conviction for disobedience against an official order violated federal law, as it was…