Facts
The appellant [X.] was charged by the Public Prosecutor's Office of the Canton of Zurich with multiple violations of the City of Zurich's Noise Protection Ordinance. The charges concerned the loading of construction machinery and containers at a construction site in Zurich-Affoltern during prohibited hours. The appellant was fined 300 francs.
The appellant lodged an objection and was found guilty by the Single Judge's Court for Civil and Criminal Matters of the Zurich District Court and fined 300 francs. The appellant's appeal was dismissed by the High Court of the Canton of Zurich.
The appellant filed a criminal complaint with the request that he be fully acquitted, overturning the judgment of the High Court of the Canton of Zurich, or that the case be referred back to the lower court for a new decision.
Considerations
The Federal Court examined the complaint and came to the following conclusion: The penal order of the Municipal Court of 9 June 2005 did not meet the requirements of an indictment, as it did not indicate whether the appellant was accused of an act or an omission, and in the latter case, whether it was a genuine or non-genuine omission, and it also did not indicate whether intentional or negligent behavior was attributed to him.
However, the lower court had established that the penal order of the Municipal Court no longer replaced the indictment, but rather the subject of the proceedings in the case of violations was the factual situation as it emerged from the penal order and the files. The Federal Court found that the appellant knew exactly what he was accused of in the judicial proceedings and that his rights of defense were not violated.
The Federal Court also examined the question of whether the loading work on the construction site fell under the…