I should have taken a taxi!

I should have taken a taxi!

I was stopped on a bus without a ticket and fined, which I paid immediately, but now I'm getting another penalty notice! I'm shocked to be punished twice and I don't understand why public transport enjoys such a privilege...

Y. Geneva

As posted on buses and trains, anyone travelling without a valid ticket is not only liable to pay compensation to the company, but also to criminal prosecution. The fine you have paid is not a criminal offence in the usual sense of the term, but is in fact an administrative charge. Often, the matter is left at that, but it is not uncommon for a public transport company to report an offending passenger to the criminal authorities, particularly in the case of a repeat offence or if the "fine" has not (yet) been paid.

The authorities are basing their decision on article 150 of the Swiss Criminal Code (SPC), which punishes a lesser form of fraud and stipulates that anyone who, without purse strings, fraudulently obtains a service that he knew should only be provided in return for payment, In particular, anyone who uses a means of public transport, accesses a performance, exhibition or similar event, or uses a computer or automatic device, will be punished on complaint by a custodial sentence of up to three years or a fine. Where appropriate, the penalty may be reduced by virtue of Article 172ter of the Criminal Code, which only provides for a fine in cases where the act only involves a low-value item of property (for example, a simple bus ticket).

In 2021, the Swiss Federal Supreme Court ruled that a person should be fined 300 Swiss francs for having travelled using an old day travel card, which had been hollowed out and used to replace the date originally shown with that of the day of the journey. The judges found that the person had acted with the intention of enriching himself and deceiving others.

Public transport is not particularly 'privileged', since it would also be punishable under the same provision for someone to enter a theatre without having paid for their ticket, evading the controls of the ushers, or to drive their vehicle out of a paying car park without having paid and forcing the barrier, or to use a washing machine or dryer in a launderette using counterfeit coins or foreign currency... The list given in the law is merely exemplary, as other cases may be taken into consideration.

We are fortunate to have a reliable public transport network in Switzerland, so let's make the most of it, especially at the end of this special year. May this slightly salty experience not spoil the sweetness of your festive season and, to all the readers of the "Tribune", our best wishes for happiness!