Questão jurídica principal
Whether conviction for evading a blood test under Art. 91 Abs. 3 SVG violates nemo tenetur and related fair-trial guarantees
Decisão extraída
No. The duty to stop, identify oneself, and tolerate police fact-finding after a crash with third-party damage is compatible with nemo tenetur; punishing the deliberate frustration of an expected blood test does not require active self-incrimination.
Fundamentação extraída
The court distinguished passive duties to remain available and allow evidence collection from any obligation to make incriminating statements. Art. 91 Abs. 3 SVG punishes the intentional frustration of a blood test that was already ordered or highly likely, not the mere existence of suspicion or the exercise of a defense right.