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Old 23.05.2008, 19:13
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What is Strafantrag ?

ZVV & SBB caught me three times for not having valid ticket during two years :
1- First one : I had Gleis 7 in tram and I didn't know Gleis 7 is n't valid for trams.
2- second one : took a train at 18:58 to bern with Gleis 7 . Inspection at 19:30. I told honestly that I took the train in Zurich und begin in rush , I didn't know how should I buy ticket for 2 minutes and ...
3- ....

Anyway, today I received the bill and a letter that they reported this to police with Strafantrag .


my question :
What does Strafantrag mean ? How would police react about this matter given the fact that for the first two times, I made really stupid mistakes that I can prove ? does anybody have experience about this ?

Last edited by Alirezakarimi; 23.05.2008 at 19:57.
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Old 23.05.2008, 19:24
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Re: What is Strafantrag ?

demand for penalties (sorry spelt that wrong)

Criminal charges are laid.

So it says when i googled it
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Old 23.05.2008, 19:25
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Re: What is Strafantrag ?

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demand for penalties (sorry spelt that wrong)

Criminal charges are laid.

So it says when i googled it
Yup, looks like you'll maybe get a fine through the post anytime soon!
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Old 23.05.2008, 19:39
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Re: What is Strafantrag ?

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ZVV & SBB caught me three times for not having valid ticket during two years :
1- First one : I had Gleis 7 in tram and I didn't know Gleis 7 is n't valid for trams.
2- second one : took a train at 18:58 to bern with Gleis 7 . Inspection at 19:30. I told honestly that I took the train in Zurich und begin in rush , I didn't know how should I buy ticket for 2 minutes and ...
3- ....

Anyway, today I received the bill and a letter that they reported this to police with Strafantrag .


my question :
What does Strafantrag mean ? How would police react about this matter given the fact that for the first two times, I made really a stupid mistakes that I can prove ? does anybody have experience about this ?
The fact that you admit you made a mistake is not an excuse. Pleading ignorence or naivite does not go down well either. Just pay the fine and move on, lesson learned.
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Old 23.05.2008, 19:48
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Re: What is Strafantrag ?

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Yup, looks like you'll maybe get a fine through the post anytime soon!
Thanks for the reply.

I already got a fine of 200 CHF from ZVV . do u mean I will get extra fine from police ? can you guess how much ?
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Old 23.05.2008, 19:50
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Re: What is Strafantrag ?

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The fact that you admit you made a mistake is not an excuse. Pleading ignorence or naivite does not go down well either. Just pay the fine and move on, lesson learned.
The op was asking for help to understand what Strafantrag meant, so she/he would know what to do, i do not think your post is useful it sounds like you are attacking the op.
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Old 23.05.2008, 20:08
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Re: What is Strafantrag ?

Your case has been passed to the court (that's the 50.- extra fee on top of the 150.- third offense fee).

You'll most probably be found guilty which would result in a monetary penalty and court fees. No idea what figure is in for you... my wild guess is another 300-400 Fr.? Please report back, I'm interested how your case proceeds.
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Old 23.05.2008, 20:32
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Re: What is Strafantrag ?

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my question :
What does Strafantrag mean ? How would police react about this matter given the fact that for the first two times, I made really stupid mistakes that I can prove ? does anybody have experience about this ?
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The op was asking for help to understand what Strafantrag meant, so she/he would know what to do, i do not think your post is useful it sounds like you are attacking the op.
Actually, he asked 3 questions

As the first one was answered I proceeded to give the other two a shot. As someone who has used public transport a lot in Switzerland and Germany and knows what happens when someone tries to argue their way out of it (in Germany at least), I thought it best to advise the OP to just pay the fine and basically don't get caught out again. No attack was meant towards the OP, just a bit of friendly advice
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  #9  
Old 24.05.2008, 21:05
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Re: What is Strafantrag ?

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Your case has been passed to the court (that's the 50.- extra fee on top of the 150.- third offense fee).

You'll most probably be found guilty which would result in a monetary penalty and court fees. No idea what figure is in for you... my wild guess is another 300-400 Fr.? Please report back, I'm interested how your case proceeds.
I am also curious about other consequences. My employer uses quite a few external contractors. An employee ("Jill") of an external contractor received a Strafantrag. According to the grapevine, because of the Strafantrag Jill may not work on any of my employer's contracts.

(Sorry, I don't why Jill got the Strafantrag.)
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Old 25.05.2008, 19:40
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Re: What is Strafantrag ?

Public Transportation in Switzerland essentially works on a three strike principle. On the third strike, the public transport authority can make an application to start criminal proceedings against you with the police ("Strafantrag").

Art. 150 of the Swiss Penal Code says:

Erschleichen einer Leistung

Wer, ohne zu zahlen, eine Leistung erschleicht, von der er weiss, dass sie nur gegen Entgelt erbracht wird, namentlich indem er

ein öffentliches Verkehrsmittel benützt,

eine Aufführung, Ausstellung oder ähnliche Veranstaltung besucht,

eine Leistung, die eine Datenverarbeitungsanlage erbringt oder die ein Automat vermittelt, beansprucht,

wird, auf Antrag, mit Freiheitsstrafe bis zu drei Jahren oder Geldstrafe bestraft.

In short, if you use a public transport without paying for it, you will be punished by imprisonment up to three years or fine. You will likely get off with a fine unless you have any previous run-ins with the law. In addition to the fine you will be burdened with court fees (so-called "Schreibgebühren").

Art. 150 Swiss Criminal Code is a so-called "Antragsdelikt", i.e. it is only prosecuted on demand, in this case by the public transport authority, hence the reason why they have lodged a "Strafantrag".

It would be interesting to know if you immediately paid thes fines after each or your mistakes or if you gave your details and the SBB or ZVV sent the payment demands for the fines to your address?

You can try pleading ignorance of the law or extenuating circumstances, however, unless your wife was in labor or the ticket machine was broken, do not get your hopes up. One exception is if you have a month or year pass and you forgot it at home. There you have the possibility of explaining that you actually have a valid transport pass and just forgot to bring it along.
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Last edited by Mica; 25.05.2008 at 19:45. Reason: typos
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  #11  
Old 25.05.2008, 20:07
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Re: What is Strafantrag ?

Hi,

actually, there is an inaccuracy in your otherwise excellent post. The rule you talk about is dependent on the canton. Zurich happens to have this rule and other cantons don't. I know it was discussed in Basel but I do not believe it has been brought in Basel.

Whatever you do, do not get caught another time otherwise you may find yourself banned from public transport. I would suggest you get an abbonoment each month or better still the one for the who year. That way even if you do not have the abbo on you and you are caught you can say you have one and you will be given 5 days to show it to the authorities.

Martin
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Old 25.05.2008, 20:55
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Re: What is Strafantrag ?

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It would be interesting to know if you immediately paid thes fines after each or your mistakes or if you gave your details and the SBB or ZVV sent the payment demands for the fines to your address?
I've read the ZVV code and apparently the crucial point in the OP's case is that the three controls happened in less than two years.
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Old 26.05.2008, 10:23
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Re: What is Strafantrag ?

Here the relevant explanation from SBB in English:
http://mct.sbb.ch/mct/en/reisemarkt/...eisen-rogf.htm

And Nathu's comment refers to the following section of the ZVV explanation:
http://www.zvv.ch/preise_selbstkontrolle06.asp

Wer kein gültiges Ticket für Tram, Bus, Bahn und Nacht-S-Bahn/Bus besitzt oder für die Nacht-S-Bahnen/Busse keinen zusätzlichen Nachtzuschlag von CHF 5.- hat, bezahlt einen Zuschlag von CHF 80.-.
Beim zweiten Mal CHF 120.- und beim dritten Mal CHF 150.-.
Die Personalien werden in jedem Fall aufgenommen.
Eine Anzeige bleibt grundsätzlich vorbehalten. Beim dritten Mal und
in weiteren Fällen innert zwei Jahren erfolgt immer eine Anzeige.


Convenience Translation:
Whoever does not possess a valid ticket for the tram, bus, train, night-S-Bahn/bus or who has failed to pay the supplementary night fee of CHF 5, pays an additional CHF 80.-. The second time CHF 120.- and the third time CHF 150.-. The personal details are recorded in each instance. A criminal complaint is generally reserved. In the case of a third time and any further time within two years, a criminal complaint is always made.

BaselLife is correct. This is the practice in Zurich and other cities may have more lax procedures.
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  #14  
Old 23.06.2008, 21:14
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Re: What is Strafantrag ?

For the people that were interested :

I received the following fine :

what-strafantrag-strafe.jpg

Question : Will it be like a record for me ? does it effect getting early C-Permit (after 5 fives-not 10 years) ?
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Old 23.06.2008, 21:56
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Re: What is Strafantrag ?

Thank you for uploading.

Your case hasn't gone to court, but you could've demanded a process until 20.6.08 (well I hope you did not!). And if you want to save 120 Fr. you can go to jail for 72h instead

The migration authorities have access to the criminal record (Strafregister). According to this source, a fine has to be 5000 Fr. or more to become an entry in the criminal record, I don't think this will have an influence in future permit decisions.
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Old 23.06.2008, 21:57
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Re: What is Strafantrag ?

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Question : Will it be like a record for me ? does it effect getting early C-Permit (after 5 fives-not 10 years) ?
99% i say no. it takes more than being caught 3 times in 2 years with no valid ticket.
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Old 23.06.2008, 23:27
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Re: What is Strafantrag ?

Excellent post including the letter. The letter quotes a federal law by the way.
Consider a yearly abo. A colleague got caught today but has one and will be able to plead.
One mistake a year is tolerated for free I believe for the yearly, otherwise then it's 5 CHF per time.
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Old 10.04.2010, 14:36
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Re: What is Strafantrag ?

Very interesting post for me as I am in almost the same situation except I also told the controllers a fake name - I later told them the truth but that cost me an extra 100 on the ZVV fine (30 mins at 25 CHF / 15 Mins for 2 controllers) and a little more on the Criminal one you will see details below.
I also had to answer a questionnaire from Zurich Kantonspolizei - where I tried my best to give extenuating circumstances but probably this was just ignored by the Stadtrichteramt who sent me the below fine:

stadt Zürich gestützt auf art. 150 Abs. 1 i.v.m Art. 172ter Abs. 1 StGB;

1. Der Verzeigte wird bestraft mit einer Busse von 100
und hat ausserdem die Kosten bestehend in
Spruchgebühr 140
Schreib- und Zustellgebühren 21

Total 261

2. Bezahlt der Gebüsste die Busse schuldhaft nicht, tritt an deren Stelle eine Ersatzfreiheitsstrafe von 1 tag Der Vollzug der Strafe wird nicht aufgeschoben

4. mitteilung an
- den Gebüssten mit Normalpost oder gegen Empfangsschein
- ZVV Zürcher Verkehrsbund Taxcenter Inkasso

My question is about the Strafregisterauszug like the contractor Jill I will probably need that for my employment in future - will this infraction be noted on the register?
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Old 10.04.2010, 19:17
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Re: What is Strafantrag ?

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Very interesting post for me as I am in almost the same situation except I also told the controllers a fake name - I later told them the truth but that cost me an extra 100 on the ZVV fine (30 mins at 25 CHF / 15 Mins for 2 controllers) and a little more on the Criminal one you will see details below.
I also had to answer a questionnaire from Zurich Kantonspolizei - where I tried my best to give extenuating circumstances but probably this was just ignored by the Stadtrichteramt who sent me the below fine:

stadt Zürich gestützt auf art. 150 Abs. 1 i.v.m Art. 172ter Abs. 1 StGB;

1. Der Verzeigte wird bestraft mit einer Busse von 100
und hat ausserdem die Kosten bestehend in
Spruchgebühr 140
Schreib- und Zustellgebühren 21

Total 261

2. Bezahlt der Gebüsste die Busse schuldhaft nicht, tritt an deren Stelle eine Ersatzfreiheitsstrafe von 1 tag Der Vollzug der Strafe wird nicht aufgeschoben

4. mitteilung an
- den Gebüssten mit Normalpost oder gegen Empfangsschein
- ZVV Zürcher Verkehrsbund Taxcenter Inkasso

My question is about the Strafregisterauszug like the contractor Jill I will probably need that for my employment in future - will this infraction be noted on the register?
The law:
http://www.admin.ch/ch/d/sr/3/331.de.pdf

Apparently the registry threshold is at CHF 5'000.
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Old 22.06.2011, 09:59
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Re: What is Strafantrag ?

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demand for penalties (sorry spelt that wrong)

Criminal charges are laid.

So it says when i googled it
Quote:
View Post
ZVV & SBB caught me three times for not having valid ticket during two years :
1- First one : I had Gleis 7 in tram and I didn't know Gleis 7 is n't valid for trams.
2- second one : took a train at 18:58 to bern with Gleis 7 . Inspection at 19:30. I told honestly that I took the train in Zurich und begin in rush , I didn't know how should I buy ticket for 2 minutes and ...
3- ....

Anyway, today I received the bill and a letter that they reported this to police with Strafantrag .


my question :
What does Strafantrag mean ? How would police react about this matter given the fact that for the first two times, I made really stupid mistakes that I can prove ? does anybody have experience about this ?
Quote:
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Thanks for the reply.

I already got a fine of 200 CHF from ZVV . do u mean I will get extra fine from police ? can you guess how much ?
i have the same case like yours its that possible that you ended up in jail..or your just have to pay the fine and some miscellenious fees
thank you cause im worried..is there somebody ended up in jail in case like this or you ended up in court im just quiet scared cause i dont have any idea whats gonna happen..thank you
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