Facts
On December 13, 1987, two women, [B.] and [W.], drove to Gerlafingen by car, where they consumed alcoholic beverages. [W.], who did not have a driver's license, took the wheel of B.'s vehicle and had a road accident due to her state of intoxication. [B.] was convicted of driving under the influence, for letting her vehicle be driven by a person without a driver's license, and for serious bodily harm.
The defendant appealed the decision of the cantonal court, which was rejected. She then filed a complaint with the Federal Court.
Considerations
The Federal Court examined the question of whether the defendant, who did not drive the vehicle, could be considered a co-perpetrator of the offense of driving under the influence. The Federal Court concluded that only the vehicle driver can be the perpetrator of the offense of driving under the influence.
The Federal Court also examined the question of the defendant's participation in the offense, as the vehicle owner and as a passenger. It concluded that the defendant had committed an offense by letting her vehicle be driven by a person without a driver's license and under the influence of alcohol.
The Federal Court annulled the decision of the cantonal court and referred the case for a new decision. It also specified that the defendant could be…