Facts
On 13 April 2018, A. parked her vehicle in a parking lot in Lucerne and paid the parking fees until 19:51. She is accused of leaving her vehicle in the parking lot until 20:19 without paying the additional parking fees, thus violating the general prohibition issued by the Lucerne court on 12 June 1989.
The parking lot in question is located on land owned by the State of Lucerne. Signage prohibits access to all unauthorized persons and provides for signaled exceptions. Offenders are liable to a fine or imprisonment under cantonal law.
A. was fined 60 Swiss francs and procedural costs by the Lucerne district court. The cantonal court upheld this decision and also awarded damages to the private party.
A. filed a criminal appeal with the Federal Court, requesting the annulment of the cantonal court's decision and her acquittal.
Considerations
The Federal Court examined the question of whether the general prohibition issued by the Lucerne court was applicable in this case. It considered that the character of a public road within the meaning of road traffic law depends on its actual use and not on the fact that it is private or public property.
The Federal Court also examined the concept of a public road within the meaning of Art. 1 RTA in connection with Art. 1 para. 2 TRegO and considered that it is broader than the concept of public domain for common use in…