Facts
The Public Prosecutor's Office of the Canton of Bern filed a federal appeal against the judgment of the High Court of the Canton of Bern, which acquitted [X.] of the charge of not surrendering withdrawn permits and control plates. The case began when the Road Traffic and Shipping Office of the Canton of Bern issued an invoice to [X.] on March 23, 2001, for CHF 70.- for the issuance of a new vehicle permit. After the invoice remained unpaid, the office ordered the withdrawal of the vehicle permit on July 18, 2001, and requested [X.] to surrender the permit and control plates. However, [X.] did not receive the withdrawal order and was not aware of it.
Criminal proceedings were initiated against [X.] , and the President of the Court 6 of the Court District X Thun found him guilty of a simple traffic violation, but acquitted him of the charge of not surrendering withdrawn permits and control plates. The High Court of the Canton of Bern confirmed this judgment on March 26, 2002.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had disregarded the fiction of service, which applies when a registered mail is not collected within the seven-day period. The appellant argued that the respondent had fulfilled the objective elements of the offense and had also acted with intent, at least with negligence.
However, the Federal Court found that the offense of Art. 97 No. 1 para. 2 RTA requires that a withdrawal order and a request for return have been issued and that the latter has been disregarded. If the aforementioned acts have not been properly served or the holder has not become aware of his return obligation due to faulty service, this element of the offense is lacking.
The Federal Court concluded that the objective elements of the offense of…