Kernrechtsfrage
Whether the cantonal court could infer that the vehicle holder was also the driver from his silence about the driver’s identity.
Extrahierter Entscheid
Yes. In the circumstances, the silence of the holder, combined with the evidence that he was the vehicle holder and nothing pointed away from his own driving, allowed the inference that he had been driving.
Extrahierte Begründung
The Court held that the privilege against self-incrimination and the right to remain silent do not bar a finding of authorship where the available evidence strongly points to the accused and he gives no plausible alternative explanation. The court relied on the holder status as an indicium and on the newer Swiss and ECtHR case law.