Facts
T. repeatedly obstructed the free circulation of F. by driving his vehicle. F. then overtook T.'s vehicle, and the two drivers stopped. When either T. or F. opened the door of T.'s vehicle, F. grabbed the handle. At that moment, T. became frightened and accelerated, causing F. to fall and sustaining a minor injury to a finger that did not require medical treatment.
The court of first instance dismissed the proceedings against T. for failure to yield the right of way, lack of consideration towards following vehicles, and improper conduct after a traffic accident due to absolute prescription. This decision was confirmed by the Cantonal Court of Berne.
The Attorney General of the Canton of Berne filed a federal nullity appeal, requesting the annulment of the Cantonal Court's judgment and the remand of the case for a new decision or the conviction of T. for improper conduct after an accident.
Considerations
According to case law, a traffic accident is any damaging event that may cause personal or material damage. In this case, the fact that T. fled with his vehicle, knowing that he had hit F., fulfills the conditions of Art. 92(2) of the Road Traffic Act (RTA) regarding fleeing the scene of an accident.
As for the notion of "injury" within the meaning…