Facts
The case concerns an individual, [R.], who was convicted of disturbing public traffic and disobedience to the police. On July 23, 1978, [R.] participated in a mountain hike and did not return to the hut at the scheduled time, which triggered a search operation. When [R.] was found, he was invited to go to the police station, but he refused and fled by car. A police officer, [S.], tried to arrest him by standing on the road and signaling [R.] to stop, but [R.] continued to drive at high speed, forcing the officer to jump to the side to avoid being hit.
The cantonal court convicted [R.] of disturbing public traffic and disobedience to the police. [R.] appealed this decision, arguing that the cantonal court had violated Article 237 of the Swiss Criminal Code by convicting him of disturbing public traffic.
Considerations
The federal court examined R.'s appeal and found that the facts established by the cantonal court were correct. The court considered that [R.] had indeed seen police officer [S.] on the road and had understood his stop signal, but had continued to drive at high speed, thus putting the officer in danger.
The court also considered that [R.] had acted in a reckless manner, i.e., without regard for the safety of others, by continuing to drive despite the police officer's stop signal. The court estimated that this behavior was contrary to Article 237 of the Swiss Criminal Code, which protects the safety of persons in public traffic.
The court…