Facts
The appellant [A.] was convicted by the criminal order of the Public Prosecutor's Office in Sursee for obstruction of measures to determine unfitness to drive and breach of duty after an accident with damage to a third party. The District Court of Willisau subsequently reduced the sentence, but the Cantonal Court of Lucerne dismissed the appellant's appeal.
With his appeal in criminal matters, [A.] requested his acquittal, alternatively the remission of the case to the Cantonal Court. The Cantonal Court of Lucerne and the Office of the Attorney General of the Canton of Lucerne requested the dismissal of the appeal.
Considerations
The Federal Court states that the objective elements of the offense of breach of duty after an accident are not fulfilled, as no property damage could be proven. According to the findings of the lower court, it is not established that a minor property damage occurred due to the collision. Since the appellant was therefore not obliged to report to the police or…