Facts
On 18 November 1987, at around 20:20, D. attempted to cross an unguarded level crossing with his vehicle. Due to partial visibility obstructed by a Range Rover, D. exceeded the stop sign and collided with a Forchbahn train, causing minor material damage. This incident disrupted rail traffic for about one and a half hours, requiring the use of taxis to transport passengers.
The single judge in criminal matters of the Uster district court sentenced D. to a fine of 300 francs for disrupting the operation of a public utility enterprise, in accordance with art. 239 ch. 2 SCC. The IIe Penal Chamber of the Zurich Cantonal Court confirmed this judgment on 8 November 1988.
The Public Prosecutor's Office of the Canton of Zurich filed a nullity appeal against this judgment, requesting the annulment of the decision and the referral of the case to the lower court to sentence D. for violating road traffic rules in accordance with art. 90 para. 1 RTA in relation to art. 31 para. 1 RTA.
Considerations
The Federal Court examined the question of whether a minor negligent endangerment of rail traffic can be punished as negligent endangerment of railway operation within the meaning of art. 239 ch. 2 SCC.
The Federal Court considered that art. 239 SCC aims to protect the public interest in ensuring that public utility enterprises operate without hindrance, while art. 238 SCC protects the interest in the safe execution of the technical process of rail traffic.
The Federal…