Questão jurídica principal
Whether Art. 237(2) StGB applies when the traffic-rule offence under Art. 90 SVG is time-barred
Decisão extraída
Yes. The subsidiary offence of negligent obstruction of public transport can still apply when prosecution under the primary traffic-rule provision is no longer possible because of limitation.
Fundamentação extraída
In cases of legal concurrence, the offender is liable under the residual norm if punishment under the primary norm is unavailable, unless the primary norm is meant to privilege the offender. Art. 90 SVG does not have such a privileging purpose vis-à-vis Art. 237(2) StGB.