Facts
On November 1, 1997, a demonstration took place in Lausanne. X., who participated in the demonstration, urged the demonstrators to gather around a bus in order to prevent a police intervention. This intervention was indeed initially obstructed. X. was found guilty of incitement to resistance against official acts by the Police Court of the District of Lausanne, and then by the Criminal Cassation Court of the Vaud Cantonal Tribunal.
Considerations
According to case law, for there to be resistance against official acts, the perpetrator must, through their behavior, obstruct the authority or the official in the performance of an official act. It is not necessary for the perpetrator to effectively prevent the performance of the official act, it is sufficient that they make it more difficult, obstruct it or delay it.
In this case, the Court considered that X.'s behavior, in urging the demonstrators to gather around the bus to prevent the police intervention, constituted incitement to resistance against official acts, as it effectively obstructed the police action.
Furthermore, the Court held that this interpretation of Article 286…