Violation of traffic rules: Dismissal of the appeal against the judgment of the Cantonal Court of Grisons

Facts

The appellant [X.] was charged on August 31, 2012, with negligence for overlooking a signaled overtaking ban. The District Court of Albula convicted him on December 3, 2014, of simple violation of traffic rules and sentenced him to a fine of CHF 200.-- as well as to bear the costs of the proceedings. The appeal filed by [X.] was dismissed by the Cantonal Court of Grisons on March 22, 2016, with costs.

The appellant requests in his criminal appeal that he be acquitted of the charge of simple violation of traffic rules. He complains of a violation of the principle of accusation and a violation of federal law, in particular of Art. 103 of the Signalization Ordinance of September 5, 1979 (RSO; SR 741.21).

Considerations

The Federal Court applies the law ex officio (Art. 106 para. 1 FSCA) and, taking into account the duty to provide reasons (Art. 42 para. 1 and 2 FSCA), only examines the complaints raised. The appellant complains of a violation of the principle of accusation, as the lower court accused him of intentional conduct, although the indictment only alleged negligent conduct.

However, the Federal Court comes to the conclusion that the lower court found the appellant guilty of negligent violation of Art. 27 para. 1 RTA and that the appellant's objections are not justified. The lower court has convincingly explained why it came to the conclusion that the "overtaking prohibited" sign on the right side of the road was properly installed despite its low position and was overlooked by the appellant due to negligence.

The…