Decision on the Obstruction of an Official Act

Facts

The appellant [X.] was found guilty by the District Court of Zurzach of obstruction of an official act (Art. 286 SCC) and driving a vehicle in a non-compliant condition (Art. 29 RTA, Art. 57 para. 1 TRegO and Art. 71 para. 4 RVTRO in conjunction with Art. 93 no. 2 para. 1 RTA) and was fined 1,000 Swiss francs. In partially granting an appeal, the High Court of the Canton of Aargau acquitted him of the charge of driving a vehicle in a non-compliant condition, but convicted him under Art. 286 SCC of obstruction of an official act and fined him 800 Swiss francs.

Considerations

The Federal Court has partially upheld the appellant's nullity appeal. It concluded that the conviction under Art. 286 SCC depends on whether the appellant lowered the windows of his vehicle before or after the police order to stop. The decisive factor is whether he interfered with an official act that was already concretely in progress and directed against him. The Federal Court has therefore remanded the case to the lower court for supplementation of the factual findings and a new decision.

The Federal Court further stated that the distinction between the…