Invalid Order for Blood Sample by the Police

Facts

The appellant [X.] was found guilty by the District Court of Zurich on 23 September 2015 of driving while incapable and fined CHF 100.-. He appealed against this judgment. The High Court of the Canton of Zurich upheld the judgment of the District Court on 22 March 2016. [X.] then filed a criminal complaint with the Federal Supreme Court and requested an acquittal. He argued that the blood sample was not lawfully ordered, as it was ordered by the police and not by the public prosecutor's office.

Considerations

The Federal Supreme Court upheld the complaint. It stated that according to Art. 198 para. 1 lit. a CrimPC, the public prosecutor's office is exclusively responsible for ordering a compulsory blood test. Such an order may initially be made orally, i.e. by telephone, by the on-call public prosecutor in accordance with Art. 241 para. 1 CrimPC. However, the files showed that the blood test was actually ordered by the police. No written…