Facts
On November 30, 2017, the District Court of Arbon acquitted A. of the charge of frustrating measures to determine driving incapacity and multiple driving without authorization. However, A. was convicted of threat, driving under the influence, and a violation of the Environmental Protection Act and sentenced to a fine and penalty.
The public prosecutor's office appealed this decision to the High Court of the Canton of Thurgau. The High Court found A. additionally guilty (in three cases) of multiple driving without authorization and otherwise confirmed the acquittals and convictions of the District Court.
A. filed a criminal complaint with the requests that he be acquitted of the charge of multiple driving without authorization and be sentenced to a reduced fine and reduced penalty. Alternatively, the matter should be remanded to the High Court for a new assessment of the sentence.
Considerations
The Federal Court first examined whether the collection and storage of the recordings by the AFV was lawful based on the cantonal police legislation. It concluded that the AFV constitutes a serious interference with the fundamental rights of those affected, in particular the right to privacy and informational self-determination.
The Federal Court held that there is no sufficiently specific legal basis for the use of the AFV in the Canton of Thurgau. The provisions of the cantonal Police Act do not provide a sufficient legal basis,…