Facts
The cyclist Moro stopped on the tram track while a tram was approaching at high speed. The tram driver had to brake suddenly, which endangered the tram passengers, although no damage occurred. The cantonal court convicted Moro of endangering railway traffic within the meaning of Art. 238 para. 2 SCC. Moro filed an appeal for nullity against this conviction.Considerations
The Court of Cassation dismisses the appeal. It considers that the notion of "serious danger" within the meaning of Art. 238 para. 2 SCC is not limited to cases where serious harm is to be feared, but also applies when the risk exceeds that of mere bodily injury or minor property damage. In the present case, the fact that the cyclist stopped on the tram track forced the driver to emergency braking, which concretely endangered the tram passengers, even though none of them were ultimately injured. The Court considers that this risk of passenger injuries, inherent in emergency braking, constitutes a "serious danger" within the meaning of the law, regardless of whether the damage ultimately did not materialize.
The…