Partial Annulment of the Judgment of the Cantonal Court of St. Gallen due to Lack of Confrontation with Incriminating Witnesses

Facts

The appellant [X.] was found guilty by the Cantonal Court of St. Gallen of driving under the influence of substances, attempted obstruction of measures to determine unfitness to drive, and dereliction of duty in an accident. He was sentenced to a conditional fine of 45 daily rates of 100 Swiss francs each and a fine of 500 Swiss francs.

[X.] filed a criminal appeal against the judgment of the Cantonal Court. He requested to be acquitted of the charges.

Considerations

The Federal Supreme Court partially annulled the judgment and remanded the case to the Cantonal Court to conduct confrontational interrogations with the incriminating witnesses [B.B.] , [C.B.] , and [D.B.] . The Federal Supreme Court reasoned that the statements of these persons constituted essential circumstantial evidence, the credibility of which the appellant had not been able to examine.

In…