Facts
On 14 November 2017, the High Court of the Canton of Zurich convicted the appellant for violating traffic regulations (exceeding the permissible speed limit within a built-up area by 9 km/h) and imposed a fine of 120 Swiss francs. The appellant subsequently filed a complaint with the Federal Supreme Court, requesting the annulment of the High Court's judgment and his acquittal of the charge of violating traffic regulations.
Considerations
The Federal Supreme Court dismissed the complaint as unfounded. It stated that the monitoring of the traffic area was not carried out within the framework of criminal proceedings and therefore did not concern the police investigative activities in the context of criminal prosecution. Rather, the decisive factor was the Road Traffic Act (SVG), which regulates traffic on public roads and for the enforcement of which the Federal Council issues the necessary regulations. The control of traffic on public roads falls within the remit of the police, who take the necessary measures to increase road safety and prevent traffic accidents, which also includes the use of radar boxes.
The Federal Supreme Court…