Facts
On August 23, 1976, the traffic police in Davos carried out a speed check using a mobile radar in Saas im Prättigau. A pedestrian, K., warned motorists by signaling them to slow down by waving his arm. K. was convicted by the district court of Küblis on April 15, 1977, for obstructing a public authority action. The cantonal court of Grisons confirmed this judgment on June 13, 1977.
The case was brought before the Federal Court, which examined whether warning motorists against a speed check constituted a criminal offense. The facts of the case are as follows: K. warned motorists by signaling them to slow down, but did not prevent the speed check itself.
Considerations
The Federal Court examined the question of whether warning motorists against a speed check constituted a criminal offense under Article 286 of the Swiss Criminal Code (SCC). The court considered that Article 286 SCC requires that the public authority action be obstructed, which was not the case in this matter.
The court also examined the question of whether warning motorists against a speed check could be considered as obstructing the public authority action under Article 286 SCC. The court considered that Article 286 SCC does not aim to punish acts that do not obstruct the public authority action itself,…