Facts
This case concerns a citizen, W., who opposed the snow removal by a municipal employee, S., near his home. On January 14, 1977, S. was driving a snowplow from the Cantonal Public Works Office of Grisons to clear the cantonal road in Mutten. When he wanted to pass in front of W.'s house, the latter went out onto the road and declared that he would not allow the snow clearing, as he had spoken to an official from the Public Works Office. S. initially refrained from clearing near W.'s house, but after speaking to the municipal president, he was ultimately able to carry out the snow clearing in a regular manner.
W. was prosecuted for obstructing an official act under Art. 286 of the Swiss Criminal Code (CP). However, the Cantonal Court of Grisons acquitted him, finding that W. had understandable reasons for opposing the snow clearing near his house, as it could have caused inconvenience or damage to his property. The court considered that S. had voluntarily refrained from clearing in front of W.'s house after understanding his legitimate concerns, and that W. had then taken no further action to obstruct the work.
Considerations
The DFC rejected the public prosecutor's appeal, finding that the Cantonal Court had correctly applied the law. A citizen who believes that a public activity directly endangers his legitimate interests can approach the person carrying out that…