Crazy mask dispute in federal court
Certificate blacked out – Aargau has to pay 3,000 francs
A man entered an Aargau shop without a mask. Despite the medical certificate, he now has to pay 3,000 francs – because he had blacked out the document.
1/4
When a man entered an Aargau store in spring 2021, he was not wearing a mask. (icon picture)
Actually, it was a small thing that happened in spring 2021. A man entered an Aargau shop without wearing a mask. That would not have been a problem, because a doctor’s certificate released him from the mask requirement. But now he has to pay a CHF 3,000 fee, as reported by the “Aargauer Zeitung”. How did that happen?
The fine that was incurred at the time if the mask requirement was violated was 100 francs. A day after collecting the fines, he sent them back and presented his medical certificate. However, the man had redacted the name and address of the doctor who issued the certificate and refused to submit an unredacted version.
The police managed to find out which practice was involved. After the unredacted certificate of the practice had been verified, the public prosecutor’s office discontinued the proceedings. But the man should bear the costs of more than 200 francs. The reason: Because he had not immediately presented his medical certificate – and not redacted.
He took the case to federal court
Such a provision is laid down in the Code of Criminal Procedure. If a person “illegally and culpably brought about the initiation of the procedure or made it more difficult to carry it out”, they can be ordered to pay the legal costs, even if the actual allegation no longer exists.
The man tried to fight back. He was represented by a Zurich lawyer, who also took sides for other non-mask wearers. The High Court rejected his complaint – and charged him with further procedural costs: 850 francs.
When he finally took the case to federal court, he ran into it again. His request to be exempted from the costs and receive compensation was not granted. For this he was ordered to pay the court costs for the third time. This time it was 3000 francs. (hey)