According to the Federal Supreme Court, highway video recordings are evidence
Published: Wednesday, Nov 27th 2024, 15:00
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At the behest of the Federal Supreme Court, the Aargau High Court must reassess the acquittal of a suspected car racer. The Federal Supreme Court overturned the acquittal. It considers the highway video recordings made by the Federal Roads Office (Astra) to be admissible as evidence.
The Aargau Public Prosecutor's Office filed an appeal against the acquittal of the driver, which was confirmed by the High Court, according to the Federal Supreme Court ruling published on Wednesday.
According to the indictment, the driver was driving on the A1 freeway in the direction of Bern in March 2021 without a vehicle license. He allegedly overtook other cars and exceeded the speed limit of 120 km/h by 49 km/h.
The High Court took the view that the recordings from traffic surveillance cameras showing the driver's violations of the law could not be used. There was no legal basis for the creation and forwarding of the recordings, it said.
The Lausanne judges take a different view. The federal and cantonal authorities are obliged to provide legal assistance if criminal offenses are prosecuted and judged under federal law. This legal assistance must be granted unconditionally.
Drivers must expect to be recorded
The visual recording of traffic on national roads also expressly serves the purpose of road safety. This can only be guaranteed if violations of traffic regulations recorded on images also have consequences - i.e. can be punished in criminal proceedings.
"Anyone taking part in road traffic, especially on national roads, must expect that they or their vehicle will be captured by traffic cameras," according to the Federal Supreme Court's considerations. (Judgment 6B-345/2024 of 8.11.2024)
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