Offers 20 francs to the controller to avoid paying a fine, the MPC moves (cross-border guide)

Context

In a nutshell

• A man offers 20 francs to a train controller to avoid paying the fine.
• The federal prosecutor determined that the man offered the money for the train official to waive the fine.
• The penalty imposed is 30 daily rates of 120 francs, for a total of 3600 francs, suspended on probation for a period of two years.
• To these are added 500 francs of court costs, which the man will still have to bear.

The regulations in force

The Federal Traffic Act (LTF) stipulates that each person is obliged to pay his or her own ticket fee for the carriage of passengers or goods in Switzerland. The fine for not paying the ticket can vary from 20 to 500 francs depending on the severity of the violation and the level of cooperation of the person concerned.

Concrete examples

A concrete example is the case of a man who was fined for not paying for the train ticket from Bern to Zurich. The fine was 100 francs, but the man offered the controller 20 francs not to pay. The Federal Prosecutor's Office determined that the man offered the money for the train officer to waive the fine, and imposed a sentence of 30 daily rates of 120 francs, for a total of 3600 francs, suspended on probation for a period of two years.

Court fees

To these are added 500 francs of court costs, which the man will have to bear in any case. The court costs

Operational details

The situation does not change whether or not the controller accepts the money. The crime is already configured with the simple offer, regardless of his consent. According to the doctrine, a mere attempt at corruption is made only if the offer never reaches the public official, for example if the letter containing the offer of corruption is lost during postal transport.

Article 322 of the Swiss Criminal Code defines corruption as offering or promising money or other benefits to a public official to influence his or her decision or action. The offer can be made directly or indirectly, and can cover a wide range of situations, from fines to operating licenses.

In one recent case, a driver on a Swiss highway offered 20 francs to a controller for not paying a speeding ticket. Despite the controller accepting the offer, the driver was not acquitted of the offence. The MPC (Middle Officer for the Prevention and Fight against Corruption) opened an investigation and notified the driver of corruption.

According to the federal law of 1987, the offence of bribery is punishable by a penalty of 3 months to 3 years' imprisonment and a fine of 10 to 100 francs. In some cases, the penalty may be increased if the offer was made to a public official in a position of power.

💡 Control operations

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Key points

If you are a passenger who does not know the rules of public transport in Switzerland, you may be in danger of committing a crime. It is important to know the rules and penalties to avoid problems. If you have any questions or issues with your ticket, please consult your service staff or a public transport representative.

Switzerland is a country with a highly developed public transport system, with trains, buses and funiculars connecting cities and countries. However, the rules of public transport in Switzerland can be complex and different from those known in other countries. For example, in Switzerland it is mandatory to buy the ticket before boarding the means of transport, while in other countries you can pay for the ticket on board.

According to Swiss law, the purchase of the ticket is mandatory for all passengers, regardless of age. The fine for not having the ticket can vary from 50 to 500 francs, depending on the type of transport and the area in which it is located. In addition, if you are caught not having the ticket, the controller may request the sum of the ticket not purchased, which may be of variable amount depending on the area and the type of transport.

In some Swiss cantons, such as the Canton of Ticino, a project is underway to introduce an automatic ticket payment system. This system allows passengers to pay for their ticket using a mobile app or a ticketing system.

Evaluating a Ticino job offer? Simulate your net payslip: enter gross salary, marital status and municipality for a detailed breakdown.

Source: swissinfo.ch