Facts

X. was involved in a road accident while under the influence of alcohol (blood alcohol content of approximately 1.5 per thousand) during the night of December 2 to 3, 1988. His heavily damaged vehicle was left in a way that obstructed traffic on road J 18 in a left-hand curve, without him immediately notifying the police. The Criminal Court of the Canton of Basel-Landschaft convicted him for driving under the influence, obstruction of a blood test, and improper behavior after an accident (within the meaning of Art. 54 para. 2 TRegO) to a sentence of four weeks' imprisonment. The Cantonal Court partially upheld X.'s appeal: it acquitted him of the obstruction of the blood test, convicted him for driving under the influence (Art. 91 para. 1 RTA) and for improper behavior after an accident (Art. 96 TRegO) to a sentence of three weeks' imprisonment.

Considerations

According to Art. 92 para. 1 RTA, anyone who violates the obligations imposed by this law in the event of an accident shall be punished with imprisonment or a fine. Art. 51 RTA governs "behavior in the event of an accident": in the event of an accident involving a motor vehicle or a bicycle, all participants must stop immediately and, as far as possible, ensure the safety of traffic (para. 1). Art. 54 para. 2 TRegO concretizes this obligation by providing that the police must be notified immediately if a danger cannot be eliminated without delay.

Although the violation of Art. 54 para. 2 TRegO also constitutes a violation of Art. 51 para. 1 RTA, the Cantonal Court convicted X. on the…