Facts
The Federal Court decision deals with the question of whether a driving ban under Art. 67b of the Swiss Criminal Code (StGB) can also be ordered for violations of the Road Traffic Act (SVG). The Federal Court concludes that Art. 67b StGB is not applicable to SVG violations. The case concerns a complainant whom the Office of the Attorney General of the Canton of Zürich accused of serious traffic violations (Art. 90 para. 2 SVG) and driving a motor vehicle despite revocation of the driver's license (Art. 95 para. 2 SVG). The lower court had decided that these offenses do not constitute predicate offenses within the meaning of Art. 67b StGB and that the complainant's driver's license could therefore not be revoked on the basis of this provision.Considerations
The Federal Court confirms the view of the lower court. It states that Art. 67b StGB, which allows for the imposition of a driving ban for the use of a motor vehicle to commit crimes or misdemeanors, is not applicable to SVG violations. The wording of Art. 67b StGB rather speaks against its applicability to SVG violations, since the perpetrator here uses the motor vehicle as a means of transportation, not to commit an offense. The purpose of the provision, to combat the misuse of the motor vehicle to commit criminal offenses, also does not allow for its application to SVG violations. The legislative history of Art. 67b StGB shows that the legislator did not intend to apply this provision to SVG violations. The former ground for revocation under Art. 16 para. 3 lit. f SVG, which corresponds to the current Art. 67b StGB, was removed from the SVG because it has nothing to do with…