Facts
The Staatsanwaltschaft of the canton of Zurich reported Lina Eggenberger, a level crossing attendant near Richterswil station, for negligent endangerment of railway traffic under Art. 238 para. 2 SCC. On 22 March 1965, while a passenger train was announced, Ms. Eggenberger failed to close the barriers. The locomotive engineer was able to stop the train just before the level crossing by emergency braking. The Federal Department of Justice and Police refused to authorize the criminal prosecution of Ms. Eggenberger, finding that there was no concrete and significant endangerment within the meaning of Art. 238 para. 2 SCC. The Staatsanwaltschaft appealed against this decision.Considerations
1. According to Art. 15 para. 3 GLA, authorization to criminally prosecute a civil servant may only be refused if the offence is of minor gravity and can be sufficiently sanctioned by a disciplinary penalty. It is not necessary for the investigation file to establish with certainty the objective and subjective elements of the offence; it is sufficient that there are indications that an offence may have been committed. The Federal Department of Justice and Police must take into account the existing case law in its assessment. 2. The question of whether emergency braking always constitutes a concrete…