Facts
The case concerns A., whose driving license was retroactively revoked from September 4, 1989 for 15 months. On May 26, 1990, A. was stopped by the police while driving a passenger car, although he did not have his driving license at that time.
The High Court of the Canton of Bern convicted A. of negligent operation of a passenger car despite revocation of his driving license pursuant to Art. 95 No. 2 RTA to a conditional prison sentence of 12 days and a fine of 1,500 Swiss francs.
A. filed a nullity appeal with the Federal Supreme Court, requesting that the decision be overturned and the case be remanded to the lower court for re-evaluation.
Considerations
The Federal Supreme Court reached the following conclusion
a) The High Court correctly assumed that A. acted negligently, as with due diligence he should have recognized that the order to return the driving license had not yet been handed over to the post office on May 25, 1990.
b) According to Art. 100 No. 1 para. 1 RTA, negligent operation of a motor vehicle despite revocation of the driving license is also punishable. However, Art. 95 No. 2 RTA provides for a disproportionately high minimum sentence of 10 days' imprisonment and a fine, which…