Facts
The appellant [X.] was convicted by the District Court of Kulm for obstruction of measures to determine unfitness to drive under Art. 91a para. 1 RTA. On 3 June 2014, he had refused to submit to an ordered blood test as a motor vehicle driver. The High Court of the Canton of Aargau dismissed his appeal against this judgment. With a criminal law appeal, [X.] requested the Federal Court to acquit him of the charge of "obstruction of a blood test". The Federal Court granted the appeal and quashed the judgment of the High Court.Considerations
The Federal Court stated that the public prosecutor's office is responsible for the coercive order of a blood sample under Art. 198 para. 1 lit. a in conjunction with Art. 241 para. 1 CrimPC. Such an order must be made in writing or at least subsequently confirmed in writing. However, the files of the public prosecutor's office did not contain any evidence that it had ordered the blood test or subsequently confirmed it in writing.…