Facts
The Federal Tribunal rejected the nullity appeal of a man (the applicant) convicted of obstructing an official act. The facts established in a binding manner by the previous instance show that the applicant, after committing violence against a victim, refused to present his identity documents to a police officer and fled, in order to avoid foreseeable criminal prosecution. The Federal Tribunal confirmed that this behaviour constituted obstruction of an official act within the meaning of Art. 286 SCC, even though self-favouring as such remains unpunished.Considerations
The Federal Tribunal first recalled that the offence of obstruction of an official act (Art. 286 SCC) is a material offence that does not require the perpetrator to make the execution of the official act totally impossible, but is sufficient that he obstructs, delays or complicates its execution. Although self-favouring is in principle unpunished according to Art. 305 SCC, the Federal Tribunal confirmed its case law according to which the fact of fleeing to avoid an identity check, in order to avoid foreseeable criminal prosecution, constitutes a punishable obstruction of an official act within the meaning of Art. 286 SCC. This case law has been criticised by part of the doctrine, but the Federal Tribunal has maintained it, considering that self-favouring does…