Liability of the Vehicle Owner for a Simple Traffic Violation in Ordinary Proceedings

Facts

The case concerns the liability of the vehicle owner for a simple traffic violation in ordinary criminal proceedings. The appellant [A.] was fined by the Uster District Prefect's Office for exceeding the speed limit on the motorway by 11-15 km/h. Upon his objection, he was held responsible as the vehicle owner within the meaning of Art. 6 para. 5 of the Penalty Order Act (OBG) for the traffic violation and ordered to pay a fine of 120 Swiss francs by the Single Judge of the District Court of Uster. [A.] appealed against this judgment, which was dismissed by the High Court of the Canton of Zurich.

[A.] now lodges a criminal law appeal with the Federal Supreme Court. He claims that the owner's liability under Art. 6 para. 5 OBG violates various rule of law guarantees such as the principle of legality and the presumption of innocence. Since he has chosen the ordinary procedure, the Code of Criminal Procedure, which does not know owner's liability, should apply instead of the OBG.

Considerations

The Federal Supreme Court dismisses the appeal. It holds that the scope of the OBG is not limited to the penalty order procedure, but also covers any subsequent ordinary criminal proceedings. The choice of the ordinary procedure does not mean that the substantive provisions of the OBG, in particular the owner's liability, no longer apply.

The Federal Supreme…