Key legal question
Whether the defendant committed false accusation by naming an innocent person after non-payment of the fine and referral to ordinary proceedings, and whether the appellate court's view was arbitrary.
Extracted holding
The false accusation conviction stood. The anonymity of the parking-fine procedure concerns payment of the fine, not a later police interview; once the fine was not paid and ordinary proceedings began, falsely naming another driver could fulfill Art. 303 StGB.
Extracted reasoning
The court held that the parking-fine procedure remains a criminal procedure, but its anonymity is limited to the simplified fine-payment mechanism. The defendant did not pay on time and did not react, so the matter moved into ordinary proceedings. The question whether the falsely named person would have had any entitlement to the parking-fine procedure was irrelevant.