Questione giuridica chiave
Whether § 20(2) of the Lucerne moor protection ordinance violates nulla poena sine lege and legal certainty by criminalizing mere regulatory breaches without actual damage.
Decisione estratta
No. The wording sufficiently shows that any breach of the listed rules is punishable even without destruction or serious damage to the protected area.
Motivazione estratta
The Court held that the ordinance distinguishes between § 20(1), which covers destruction or serious damage, and § 20(2), which punishes breaches of the rules in the listed provisions without requiring any damage result. The wording is clear enough for addressees to foresee that prohibited conduct, including fertilizing, may be sanctioned even absent harm.