Facts
On March 7, 2006, the District Office of Zurzach issued a criminal order against the complainant X. for obstructing an official act and driving a vehicle in a non-compliant condition. X. filed an objection to the criminal order.
The District Court of Zurzach convicted X. of obstructing an official act and driving a vehicle in a non-compliant condition. The High Court of the Canton of Aargau acquitted X. of the charge of driving a vehicle in a non-compliant condition, but convicted him of obstructing an official act.
X. filed a federal nullity appeal against the judgment of the High Court, requesting that the contested decision be set aside and the proceedings be remanded to the lower instance.
Considerations
According to Article 286 of the Swiss Criminal Code (StGB), anyone who prevents an authority, a member of an authority or an official from carrying out an act within their official powers is punishable for obstructing an official act.
The complainant lowered the windows of his vehicle to prevent a police check and a further citation for tinted windows. This behavior fulfilled the elements of obstructing an…