Facts
The appellant [X.] was found guilty of coercion and gross violation of traffic regulations, both committed in justified self-defence, by the President of the Criminal Court of Basel-Stadt on 30 November 2007 and sentenced to a conditional fine of 7 daily rates of CHF 250.--. On appeal by [X.] , the Court of Appeal of the Canton of Basel-Stadt confirmed the first instance judgment on 29 April 2009. [X.] filed a criminal complaint on 3 July 2009, requesting to be acquitted of the charges of coercion and violation of traffic regulations, or alternatively, to have the judgment of the Court of Appeal set aside and the case remitted to the lower court for a new decision.Considerations
The Federal Supreme Court partially set aside the judgment of the Court of Appeal and remitted the case to the lower court for a new assessment of the sentence. It held that the appellant was to be punished for gross violation of traffic regulations under Art. 90 para. 2 RTA, but could be acquitted of the charge of coercion under Art. 181 SCC. The impairment of the cyclist [Y.] 's freedom of action was covered by the justification…