Facts
The case concerns a decree issued by the Police Department of the City of Winterthur, which had fined B. CHF 150.-- based on Art. 27 para. 1 RTA and Art. 68 para. 1 RTO (disregarding a red light; delay time 18.3 seconds). Upon request for judicial assessment, the single judge in criminal matters of the District of Winterthur imposed a fine of CHF 50.-- in the summary penalty procedure. The Police Department of the City of Winterthur then filed a cantonal nullity appeal, which was dismissed by the High Court of the Canton of Zurich. The Police Department subsequently filed a federal nullity appeal, requesting that the decision of the High Court be overturned and the case be remanded to the lower instance for the imposition of a fine of CHF 150.-- in the ordinary procedure.
Considerations
The Federal Supreme Court concluded that the summary penalty procedure is excluded not only in cases of concrete, but also in cases of increased abstract endangerment of persons. This follows from the wording of Art. 2 lit. a SPA, which requires interpretation, as well as from the purposes and values underlying the Federal Act on Summary Penalties. The comparison with other…