Questão jurídica principal
Whether driving on the emergency lane to reach a patient was justified by necessity under former Art. 34 CP.
Decisão extraída
Necessity was excluded because the defendant could have called emergency services and thus had an alternative means to avert the danger.
Fundamentação extraída
The defense of necessity requires an imminent danger that cannot be averted otherwise; this subsidiary condition is absolute. The canton court found that the defendant could have used the 144 emergency network, and that finding bound the Federal Court.