Facts
From June 1994 to December 1996, a crossword puzzle competition was held weekly in the magazine "Schweizer Illustrierte". The solution word could be submitted either using a 156 telephone number at a cost of 86 cents per minute or by sending a postcard to a specific address. Three Vreneli gold coins were to be won each week.
The district office of the Zurich district convicted Peter Rothenbühler of violating the lottery legislation and imposed a fine of 700 Swiss francs. It also ordered Ringier AG to pay a state claim of 27,000 Swiss francs.
Peter Rothenbühler filed an objection. The single judge in criminal matters of the Zurich district acquitted him of the charge of violating the Lottery Act. The High Court of the Canton of Zurich dismissed the canton's appeal against nullity filed by the district office.
The Public Prosecutor's Office of the Canton of Zurich filed a federal appeal against nullity, requesting that the decision of the High Court be overturned and the case be remanded to the lower court for re-evaluation.
Considerations
According to the case law of the Federal Supreme Court, a competition is not a lottery-like undertaking if it can be participated in with or without the payment of a lottery-relevant stake with equal chances of winning.
In the present case, the competition solution could be submitted…