Dismissal of appeal against conviction for coercion and disruption of public services

Facts

Parties: Appellant [A.] against the Public Prosecutor's Office of the Canton of Zurich.

Facts:

• On June 20, 2020, [A.] participated in an unauthorized climate demonstration by the group 'Extinction Rebellion' on the Quaibrücke in Zurich. The demonstration led to the blockade of the bridge, disrupting tram and individual traffic for several hours.
• On October 4, 2021, [A.] participated in another unauthorized demonstration in Zurich, which also caused traffic disruptions.
• The District Court of Zurich convicted [A.] of multiple coercion (Art. 181 SCC) and disruption of public services (Art. 239 SCC). The Higher Court confirmed the judgment.
• [A.] filed an appeal with the Federal Supreme Court, requesting the annulment of the judgment and her acquittal.

Considerations

The appellant initially complains that her right to a final statement was unlawfully restricted. The Federal Supreme Court notes that the appellant's final statement was interrupted because she made political statements instead of commenting on the alleged offenses. The Federal Supreme Court does not see a violation of Art. 347 para. 1 CrimPC, as the final statement is not intended for lengthy statements or the completion of the plea.

The appellant further objects that the factual findings of the previous instance were arbitrary and incomplete. The Federal Supreme Court examines the complaint and concludes that the findings of the previous instance are not arbitrary. The previous instance correctly established that the demonstration on the Quaibrücke was not announced and that the demonstration on Uraniastrasse was announced but not authorized.

The appellant challenges the conviction for disruption of public services under Art. 239 SCC. The Federal Supreme Court confirms the previous instance that the demonstration on the Quaibrücke significantly disrupted tram traffic and that the appellant intended this. The subjective elements of the offense under Art. 239 SCC. 1 para. 1 SCC are thus fulfilled.

The appellant contests the conviction for multiple coercion…