Key legal question
Whether the challenge to the conviction for misuse of plates was barred by abuse of rights.
Extracted holding
The defendant could not rely on the absence of an express finding on the subjective element because he had himself invoked that same fact in cantonal proceedings; the challenge was therefore not protected.
Extracted reasoning
By arguing in cantonal appeal that the conduct fell under Art. 97 LCR rather than Art. 137 CP, he necessarily relied on the intent element. After being informed of the possible requalification and invited to comment, he remained silent. This was a manifest abuse of right.