Facts
On 14 June 1963, Ritler inquired at the Lucerne Cantonal Hospital about the location of Krummenacher, a patient who had been seriously injured the previous day in a shooting accident. Although the hospital employee told him that the patients were napping and he would need to ask the responsible nurse for permission, Ritler entered Krummenacher's room, discussed his personal affairs with him, and photographed him against his will. The next day, an illustrated article about this visit was published in the "Blick" newspaper. The Lucerne Cantonal Government, the Cantonal Hospital, and the Chief Physician of the Surgery Department then filed a complaint against Ritler for trespass. The Cantonal Court found him guilty of trespass under Art. 186 SCC and sentenced him to 10 days' suspended imprisonment and a fine of 200 francs.Considerations
The Federal Tribunal dismissed Ritler's nullity appeal. It considered that the Cantonal Hospital, as a public law institution of the Canton of Lucerne, has the right to file a complaint for trespass under Art. 28(1) SCC. The fact that Ritler entered Krummenacher's room without the authorization of the competent hospital authorities constitutes trespass under Art. 186 SCC, even if the door was not locked. The will of the entitled party to prohibit access to a room can be…