The Lausanne-based Tribunal dismissed the complaint by a Geneva police officer who had been in 2015, when a tracking travel urban, with 92 km/h on the road. The policeman tried to tell her to catch up with the had blown up an ATM in the air.
The goal of the police officer and his colleague in the passenger seat was the two men in front of the border crossing. On the journey just before four o'clock in the Morning they were flashed about the urban fuel two Times – the first Time they were 30 km/h too fast, the second Radar, it was 42 km/h.
While they drove initially with blue light and police siren, turned off the Mrs the sound after a while, for tactical reasons.
buses of 600 Swiss francs
with regard to the first speed limit was set to the proceedings by the Prosecutor, because it was classified as a necessary service travel. For the 42 km/h the COP have been condemned by the Geneva Canton court, however, due to gross violation of the traffic to a fine of 600 francs.
The Federal court has confirmed this decision in a Tuesday published judgment. It argues that the Exceeding of the maximum speed must be in the case of a service journey is always proportionate. A human would be, for example, lives are at stake, should be driven faster than the threat to other legal interests.
In the specific case the police officer knew that the Refugees would not hurt anyone. Despite the public interest for the offender to stop, would, according to the police officer in Federal court do not need to adjust the speed in order not to endanger third persons.
(judgment 6B_116/2018 from 17.01.2019) (fal/sda)
Created: 29.01.2019, 11:58 PM