Facts
The appellant [X.] was found guilty by the Cantonal Court of Lucerne on 17 November 2016 of multiple counts of endangering life, violence and threats against authorities and officials, negligent bodily harm, negligent serious violation of traffic regulations by disobeying police instructions, obstruction of measures to determine unfitness to drive, and negligent breach of duty after an accident with injury, and was sentenced to a custodial sentence of 24 months.
The appellant has filed a criminal appeal against this judgment, requesting that it be set aside and the case be remanded to the Cantonal Court of Lucerne for a new assessment.
Considerations
The FSCA partially upholds the appeal. It sets aside the judgment of the Cantonal Court of Lucerne and remands the case to the lower court for a new assessment, insofar as it concerns the conviction for negligent bodily harm and the legal assessment of the endangerment of life.
In all other respects, the FSCA dismisses the appeal. It confirms the conviction for violence and threats against authorities and officials, as well as for obstruction of measures to determine unfitness to drive.
The reasoning of the FSCA can be summarized as follows
- The FSCA considers the lower court's rejection of the appellant's offer of evidence to be in accordance with federal law. The lower court was allowed to assume in anticipated assessment of the evidence that the examination of the requested witness would not yield any legally relevant new findings.
- The lower court's findings of fact regarding the presence and endangerment of the two police officers are in accordance with federal law and not arbitrary.
- Regarding the conviction for negligent bodily harm, the FSCA sets aside…