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A Ticino policeman reacted to an accident on June 1, 2019. “The driver of a scooter is lying on the ground in Mezzovico,” was the message. Since he wanted to be at the scene of the accident as quickly as possible, the policeman hit the gas properly. Then he shone it in the city of Gentilino TI. The speedometer needle was at 102 km / h, only 50 km / h were allowed.
Now the negotiation on this acceleration took place in the criminal court of Lugano, as reported by the ‘Aargauer Zeitung’. The verdict: One year in prison, but conditionally suspended for two years. In addition, there is a risk that the driver’s license will be withdrawn for two years. Because it exceeded the allowed speed of 50 km / h by more than 50 km / h, it is considered a glider according to the Via Sicura law.
Police officers may be afraid of ending up in court
Immediately after the verdict was announced, the defense attorney announced a complaint, according to the Aargauer Zeitung. She had demanded absolution. “It is a problem when the courts judge the urgency of a police operation in retrospect. Police officers have to decide in seconds, “said lawyer Maria Galliani.
In addition, there is a risk that sentences like this policeman’s will no longer be rushed because they are afraid of ending up in court.
Similar case in 2014
In early 2014, a similar case occurred in which a patrol car was chasing you in Geneva at 132 km / h at a permitted speed of 50 km / h. The policeman was sentenced to one year in prison.
The federal judges agreed with the element of urgency, but the police acted without the necessary foresight. Even if he wanted to avoid imminent mortal danger, that does not justify creating mortal danger himself through his behavior. (eb)
