Facts
The Public Prosecutor's Office of the Canton of Aargau lodges a complaint in criminal matters against the judgment of the High Court of the Canton of Aargau, Criminal Court, 3rd Chamber, of 11 March 2024. The respondent, [A.] , was acquitted by the High Court of guilt and penalty because the admissibility of the recordings from traffic surveillance cameras showing the respondent's breaches of the law was denied.
The Public Prosecutor's Office accuses [A.] of having overtaken a group of vehicles on the A1 motorway in the direction of Bern on 14 March 2021 by switching from the overtaking lane to the normal lane and increasing speed, and then switching back to the overtaking lane. Furthermore, he allegedly followed the vehicle in front of him on the overtaking lane at a distance of only 7 to 8 meters over a distance of approximately 222 meters at a speed of at least 90 km/h.
The District Court of Aarau and the High Court of the Canton of Aargau acquitted [A.] of guilt and penalty. The Public Prosecutor's Office of the Canton of Aargau requests that the judgment of the lower court be set aside and the case be referred back to the lower court for re-trial.
Considerations
The Federal Court must examine whether the admissibility of the recordings from traffic surveillance cameras showing the respondent's breaches of the law was rightly denied. The lower court denied the admissibility of the recordings, citing Art. 141 CrimPC, and acquitted the respondent.
However, the Federal Court comes to the conclusion that the disclosure of the disputed video recordings to the criminal prosecution authorities has a legal basis. The recording of the video recordings is based on the RTA and the NHwO. The disclosure of the recordings to the criminal authorities is at least implicitly included in the…