Facts
The appellant was found guilty by the President of the District Court of X Thun of coercion and obstruction of a blood test, and sentenced to 20 days' imprisonment with a suspended sentence and a fine of CHF 1,700. The appellant appealed against the conviction for obstruction of a blood test, which was dismissed by the Cantonal Court of Bern.
The appellant then filed a federal nullity appeal, requesting that the contested judgment be set aside and the matter be remitted to the lower court for his acquittal.
The facts can be summarized as follows: On the evening in question, the appellant had consumed alcohol with his then-girlfriend. In the parking lot of the retirement home in Uetendorf, a loud altercation occurred between the two, after which the appellant left the premises before the police, who had been called, arrived. No third-party damage occurred, so the appellant was not obliged to make himself available to the police for further clarification.
Considerations
The Federal Court states that the offence of obstruction of a blood test under Art. 91 para. 3 of the Road Traffic Act (SVG) is linked to the violation of the reporting obligations under Art. 51 SVG in the event of accidents with personal injury or property damage. Only in such cases, where further clarification of the accident is appropriate, can it be assumed that the driver of the vehicle must have expected with a high probability that a blood test would be ordered.
Since in the present case there was…