Facts

The case concerns X., who on September 30, 1965, during his medical state examination, took a high dose of sedatives to combat his insomnia and exam anxiety. Around 10 pm, he got behind the wheel of his car and drove from Zurich 2 to Zurich-Oberstrass, where he consumed a considerable amount of alcohol. On the way home around 12:30 am, he fell asleep at an intersection, and a blood test revealed a blood alcohol content of 2.46 per mille.

The District Court of Zurich convicted X. of driving under the influence according to Art. 91 para. 1 RTA and sentenced him to six weeks in prison. However, the High Court of the Canton of Zurich found him guilty of committing an act in self-induced incapacity according to Art. 263 para. 1 CC and sentenced him to 21 days in prison with a suspended sentence.

The Public Prosecutor's Office of the Canton of Zurich filed a nullity appeal against the High Court's judgment and requested that X. be found guilty of driving under the influence according to Art. 91 RTA, that the sentence be reassessed, that the suspended sentence be denied, and that the judgment be published in accordance with Art. 102 no. 2 lit. b RTA.

Considerations

The Court of Cassation states that the District Court had acquitted X. of the charge of driving in an unfit condition under Art. 31 para. 2 RTA, as the Public Prosecutor's Office had not appealed against this acquittal. Therefore, this issue is no longer to be examined in the appeal proceedings.

Regarding the applicability of Art. 91 RTA or Art. 263 CC, the Court of Cassation makes the following findings:

  • Art. 91…