Question juridique clé
Whether Art. 57(1)(a) LTV applies to a passenger on a line where the ticket is valid automatically upon issuance and no self-validation is required.
Solution extraite
No. The provision only applies when the traveler had to validate the ticket herself; an automatically valid ticket falls outside its wording and purpose.
Motifs extraits
The court found the statutory text clear and, in any event, historical and systematic interpretation confirmed that the legislature kept the separate offence for tariff-based validation duties under Art. 57(1)(b) LTV, not under let. a. Extending let. a to this situation would create a new punishable state of facts contrary to nulla poena sine lege.