Kernrechtsfrage
When may an investigating judge issue a summary penalty order for an offense punishable only by detention or detention and a fine?
Extrahierter Entscheid
As a rule, such offenses are not to be decided by summary penalty order. An exception exists only if obvious mitigating circumstances under Art. 64 StGB are present.
Extrahierte Begründung
The judge may use a summary penalty order only if the case is an offense and, on the concrete assessment, at most a fine comes into question. For offenses threatened only with detention, or detention and a fine, summary disposition is exceptional and requires clearly established mitigating circumstances that would make a fine appropriate.