Bundesgericht
Tribunal fédéral
Tribunale federale
Tribunal federal

6B 1326/2018

Urteil vom 16. Oktober 2019

Strafrechtliche Abteilung

Besetzung
Bundesrichter Denys, Präsident,
Bundesrichterin Jacquemoud-Rossari,
Bundesrichter Oberholzer,
Bundesrichter Rüedi,
Bundesrichterin Jametti,
Gerichtsschreiber Briw.

Verfahrensbeteiligte
A.________,
vertreten durch Fürsprecher Peter-René Wyder,
Beschwerdeführerin,

gegen

1. Staatsanwaltschaft des Kantons Wallis,
2. Schweizerische Bundesbahnen SBB AG,
vertreten durch das Schaden- und Strafrechtzentrum,
Beschwerdegegnerinnen.

Gegenstand
Widerhandlung gegen Art. 86 Abs. 1 Eisenbahngesetz,

Beschwerde gegen das Urteil des Kantonsgerichts
des Kantons Wallis, I. Strafrechtliche Abteilung,
vom 16. November 2018 (P1 17 40).

Sachverhalt:

A.
Die Kantonspolizei des Kantons Wallis hielt in ihrem Verzeigungsbericht vom 30. Juli 2016 betreffend Störung des Eisenbahnverkehrs fest, die verzeigte Person A.________ habe am 30. Mai 2016 um 09.16 Uhr am Bahnhof Brig verbotenerweise die Gleise überquert, so dass der Lokführer eines Zuges eine Schnellbremsung habe einleiten müssen. Die Geschädigte, die SBB AG, vertreten durch das Schaden- und Strafrechtzentrum, Luzern, habe Strafantrag gestellt.
Nach dem Ermittlungsergebnis überquerte A.________ die Gleise 1 bis 3 im Sektor D im Bahnhof. Der Lokführer des 250m langen, doppelstöckigen Zuges leitete eine Schnellbremsung ein und betätigte das Signalhorn. Der Zug, der mit zirka 3-6 km/h unterwegs war, kam in einem Abstand von weniger als 5 m zu A.________ zum Stillstand. A.________ bestätigte eine Überquerung. Eine Verbotstafel sei nicht für den Bereich gültig gewesen, an dem sie die Gleise überquert habe. Zu diesem Zeitpunkt sei der Zug stillgestanden und sei keine Gefahrensituation vorhanden gewesen. Das Betätigen des Signalhorns sei unbegründet und unverhältnismässig gewesen.
Die Staatsanwaltschaft des Kantons Wallis, Region Oberwallis, bestrafte mit Strafbefehl vom 22. September 2016 A.________ wegen Widerhandlung gegen Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
Eisenbahngesetz (EBG; SR 742.101) mit Fr. 100.-- Busse. Dem Strafbefehl lag sachverhaltlich der Verzeigungsbericht zugrunde, mit der Ergänzung: Um 09.11 Uhr sei der Zug im Bahnhof angekommen. Nachdem alle Passagiere den Zug verlassen hatten, habe der Lokführer den Zug zur Rangierfahrt in Bewegung gesetzt. Als der Zug bereits in Fahrt gewesen sei, habe A.________ die Gleise 1 bis 3 im Sektor D überquert.

B.
Das Bezirksgericht Brig, Östlich Raron und Goms sprach A.________ auf ihre Einsprache hin am 1. Juni 2017 von Schuld und Strafe frei. Es nahm an, am Tag des Vorfalls habe es sich an der fraglichen Stelle des Bahnhofs nicht um ein in allen Fällen gesperrtes Bahnbetriebsgebiet gehandelt, sondern um einen Bahnübergang nach Art. 37 Eisenbahnverordnung (EBV; SR 742.141.1). Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG stelle das vorsätzliche unerlaubte Betreten des Bahngebiets unter Strafe. Es sei nicht anzunehmen, dass sich A.________ selber gefährden und bewusst trotz des herannahenden Zuges das Bahnbetriebsgebiet habe überqueren wollen.
Das Kantonsgericht des Kantons Wallis hiess am 16. November 2018 die Berufung der SBB AG gut, hob das bezirksgerichtliche Urteil auf und verurteilte A.________ wegen Widerhandlung gegen Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG zu Fr. 100.-- Busse. Es stellte fest, der strittige Übergang sei eine dienstlich genutzte Karrenüberfahrt und nicht ein Zugang zum Perron für Reisende. Karrenüberfahrten seien nicht publikumsöffentlich (Anhang 2 zur EBV). Die Überschreitung der Gleise an dortiger Stelle hätte einer Erlaubnis bedurft, die fehle.

C.
A.________ beantragt mit Beschwerde in Strafsachen, das vorinstanzliche Urteil aufzuheben, das erstinstanzliche Urteil vollumfänglich zu bestätigen, die Kosten der Beschwerdegegnerin oder dem Kanton aufzuerlegen und sie für die Verteidigerkosten vor der Vorinstanz und dem Bundesgericht gemäss vorzulegender Kostennote zu entschädigen.

D.
In der Vernehmlassung verzichtete die Staatsanwaltschaft auf eine Stellungnahme und beantragte die kostenpflichtige Abweisung der Beschwerde.
Die SBB AG beantragt die Abweisung der Beschwerde und begründet: Das EBG (Art. 1 Abs. 1 ) regle den Bau und Betrieb der Eisenbahnen. In der Fassung vor dem 1. Januar 2016 sei Art. 86
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
EBG (unberechtigte Gleisüberschreitung) als Antragsdelikt ausgestaltet gewesen. Mit der Ausgestaltung dieser Übertretung als Offizialdelikt sei das Interesse der Eisenbahnunternehmungen, Gleisübertretungen strafrechtlich zu verfolgen, nicht dahingefallen. Sie seien es, die durch das unerlaubte Betreten des Bahnbetriebsgebiets im technischen Betrieb gestört und insbesondere bei einem Personenschaden kausal haften würden, sofern keine Entlastung nach Art. 40c
CrimPC Art. 106 Capacity to act SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    The party may validly carry out procedural acts only if he or she has the capacity to act.
2    A person lacking the capacity to act shall be represented by his or her statutory representative.
3    A person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.
EBG möglich wäre. Weiter verweist sie auf ihre Eingabe an die Vorinstanz [unten E. 2.4.8] und das vorinstanzliche Urteil und hält zu ihrer Legitimation fest, sie sei durch den erstinstanzlichen Entscheid beschwert gewesen und habe ein rechtlich geschütztes Interesse an dessen Aufhebung gehabt. Sie äussert sich materiell mit Verweisungen auf das vorinstanzliche Urteil.
Die Vorinstanz führt zum Vorwurf der Gehörsrechtsverletzung aus, sie habe nicht festgehalten, A.________ habe sich nicht zur Berufungslegitimation der SBB AG geäussert, sondern auf die Verfügung vom 21. August 2017 hin keine Vernehmlassung deponiert. Sie (die Vorinstanz) habe das aktuelle Interesse der SBB AG bejaht. Sie äussert sich u.a. zum fraglichen Karrenweg und entgegnet zum Vorwurf willkürlicher Sachverhaltsfeststellung namentlich, sie habe erörtert, warum es auf der Hand liege, dass die SBB AG an der besagten Stelle keine öffentliche Passage für Reisende errichtet habe.
A.________ bestreitet in ihrer Replik u.a. die vorinstanzliche Annahme, die kleinen Verbotstafeln "Überschreiten der Gleise verboten" unterhalb der Perronkante in 5 m Entfernung vom fraglichen Gleisdurchgang bildeten eine genügende Verbotssignalisierung, damit, sie habe diese nicht gesehen und die SBB AG habe inzwischen oberhalb der Perronkante Schilder angebracht. Sollten Gleisüberschreitungen verboten sein, müsste die SBB AG dies explizit mit der dreidimensionalen Tafel "Durchgang verboten" beschildern, wie es in ihrem Regelwerk vorgesehen sei. Die Vernehmlassung der Vorinstanz vermöge nicht darüber hinweg zu täuschen, dass sie (A.________) die Legitimation der SBB AG begründet verneine.

Erwägungen:

1.

1.1. Die Beschwerdeführerin macht eine Verletzung ihres Gehörsanspruchs gemäss Art. 29 Abs. 2
0 Art. 29 General procedural guarantees SR 101 Federal Constitution of the Swiss Confederation
1    Every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time.
2    Each party to a case has the right to be heard.
3    Any person who does not have sufficient means has the right to free legal advice and assistance unless their case appears to have no prospect of success. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court.
BV geltend. Die Vorinstanz habe aktenwidrig vorgegeben, sie (die Beschwerdeführerin) habe sich nicht zur Berufungslegitimation der SBB AG geäussert, und sich mit den Darlegungen zum fehlenden aktuellen Rechtsschutzinteresse nicht auseinandergesetzt und damit Art. 382
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
StPO verletzt.
Die Vorinstanz prüft die Legitimation als Berufungsvoraussetzung (Urteil S. 3-6). Die Beschwerdeführerin verweist unbehelflich mit blosser Datierung auf Stellungnahmen, ohne diese aktenmässig sowie hinsichtlich der massgebenden Eingabe der SBB AG (unten E. 2.4.8) zu präzisieren (vgl. DANIEL BRUGGER, Der Verweis auf Beilagen in Rechtsschriften, SJZ 16/17/2019 S. 533 ff., 540 betr. pauschale Verweisung). Darauf ist nicht einzutreten (vgl. Urteile 6B 231/2019 vom 24. April 2019 E. 3 und 6B 1085/2018 vom 20. Februar 2019 E. 2).

1.2. Bilden ausschliesslich Übertretungen Gegenstand des Hauptverfahrens, richtet sich das Berufungsverfahren nach Art. 398 Abs. 4
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
StPO (vgl. Urteile 6B 226/2018 vom 26. April 2018 E. 1, 6B 152/2017 vom 20. April 2017 E. 1, 6B 1047/2018 vom 19. Februar 2019 E. 1.1.2 sowie 6B 434/2019 vom 5. Juli 2019 E. 1.2 und 6B 426/2019 vom 31. Juli 2019). Auf die gerügte Verletzung von Art. 398 Abs. 4
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
StPO ist angesichts des Verfahrensausgangs nicht einzutreten.

2.

2.1. Die Beschwerdeführerin rügt, der SBB AG fehle die Legitimation zur Berufung. Rechtsgut des Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG sei das öffentliche Interesse, individuelle Interessen der Bahnbetreiber würden nur mittelbar abgedeckt. Es sei weder zu einem Sachschaden noch zu einer Verletzung von Personen gekommen. Folgerichtig habe sich die SBB AG nicht als Privatklägerin konstituieren können. Sie sei nicht geschädigte Person i.S.v. Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO.

2.2. Die Vorinstanz führt zur Legitimation aus, die Berufungsklägerin (die SBB AG) sei möglicherweise nicht Trägerin des geschützten Rechtsguts, wenn dieses nach den erstinstanzlichen Erwägungen ein Gefährdungsdelikt darstellte; sie wäre diesfalls nicht Geschädigte.
Sie verneint ein Gefährdungsdelikt: Das Verursachen einer Gefahr werde auch in der Doktrin nicht als objektives Tatbestandsmerkmal von Art. 86
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
EBG aufgeführt (KLETT/BAUMEIER/DAPHINOFF [Hrsg.], Der öffentliche Personenverkehr - Haftung und Sicherheitsfragen, 2017, Rz. 473). Sinn und Zweck der Bestimmung sei, den Bahnunternehmen ein strafrechtliches Instrument einzuräumen, damit diese besser über ihr Betriebsgebiet bestimmen können. Das allgemeine Funktionieren der Anlage, nicht nur die Gefahrenreduktion, solle begünstigt werden. Es widerspräche Sinn und Zweck von Art. 86
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
EBG, wenn die Bestrafung zusätzlich die Schaffung einer Gefährdungssituation erfordern würde. Die Schaffung einer konkreten oder abstrakten Gefahr sei aus all diesen Gründen nicht zur Realisierung des nach Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG pönalisierten Verhaltens vorausgesetzt. Die Übertretung von Art. 86
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
EBG stelle ein Verletzungsdelikt dar, dessen Erfolg eingetreten sei, sobald jemand ohne Bewilligung und mit Vorsatz Bahnbetriebsgebiet betrete. Die Bahn sei diesfalls geschädigt und könne sich als Privatklägerin konstituieren. Die SBB AG habe Strafantrag gestellt. Das impliziere eine Konstitution als Privatklägerin beim Offizialdelikt (BGE 141 IV 380 E. 2.3.5 S. 387). Die
Staatsanwaltschaft wie die Vorinstanz hätten die SBB AG als Privatklägerin aufgeführt. Dem sei auch gemäss Treu und Glauben zuzustimmen.

2.3. Jede Partei, die ein rechtlich geschütztes Interesse an der Aufhebung oder Änderung eines Entscheids hat, kann ein Rechtsmittel ergreifen (Art. 382 Abs. 1
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
StPO). Partei ist namentlich die Privatklägerschaft (Art. 104 Abs. 1 lit. b
CrimPC Art. 104 Parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Parties are:
a  the accused;
b  the private claimant;
c  in the main hearing and in appellate proceedings: the public prosecutor.
2    The Confederation and the cantons may grant full or limited party rights to other authorities that are required to safeguard public interests.
StPO). Als solche gilt die geschädigte Person, die im Sinne von Art. 118
CrimPC Art. 118 Definition and requirements SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A private claimant is a person suffering harm who expressly declares that he or she wishes to participate in the criminal proceedings as a criminal or civil claimant.
2    The filing of a criminal complaint is regarded as being equivalent to such a declaration.
3    The declaration must be made to a criminal justice authority by the end of the preliminary proceedings at the latest.
4    If a person suffering harm has not made a declaration of his or her own volition, so the public prosecutor shall advise the person of this possibility after opening the preliminary proceedings.
StPO erklärt, sich am Strafverfahren als Straf- oder Zivilklägerin zu beteiligen, wobei der Strafantrag dieser Erklärung gleichgestellt ist. Als "geschädigt" gilt die Person, die durch die Straftat in ihren Rechten unmittelbar verletzt worden ist (Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO). Unmittelbar verletzt und damit in eigenen Rechten betroffen ist, wer Träger des durch die verletzte Strafnorm geschützten oder zumindest mitgeschützten Rechtsguts ist (BGE 141 IV 454 E. 2.3.1 S. 457; Bestätigung der Rechtsprechung).

2.3.1. Im Zusammenhang mit Strafnormen, die nicht primär Individualrechtsgüter schützen, gelten praxisgemäss nur diejenigen Personen als Geschädigte, die durch die darin umschriebenen Tatbestände in ihren Rechten beeinträchtigt werden, sofern diese Beeinträchtigung unmittelbare Folge der tatbestandsmässigen Handlung ist. Bei Straftaten gegen kollektive Interessen reicht es für die Annahme der Geschädigtenstellung im Allgemeinen aus, dass das von der geschädigten Person angerufene Individualrechtsgut durch den Straftatbestand auch nur nachrangig oder als Nebenzweck geschützt wird. Werden durch Delikte, die (nur) öffentliche Interessen verletzen, private Interessen auch, aber bloss mittelbar beeinträchtigt, so ist die betroffene Person nicht Geschädigte i.S.v. Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO (BGE 141 IV 454 E. 2.3.1 S. 457).

2.3.2. Bei den abstrakten Gefährdungsdelikten gibt es keine Geschädigten im Sinne von Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO, es sei denn, jemand werde als Folge der Begehung eines solchen Delikts konkret gefährdet. Raufhandel (Art. 133
0 Art. 133 4. Endangering the life or health of another / Brawling - Brawling SR 311.0 Swiss Criminal Code
1    Any person who participates in a brawl that results in the death of or in an assault causing injury is liable to a custodial sentence not exceeding three years or to a monetary penalty.
2    A participant in a brawl who acts exclusively in self-defence or in order to separate the other participants is not liable to a penalty.
StGB) ist ein solches Delikt, das primär das öffentliche Interesse schützt, Schlägereien (unter mindestens drei Beteiligten) zu verhindern, und das erst in zweiter Linie Individualinteressen der Opfer solcher Schlägereien schützt. Wer dabei unmittelbar betroffen ist, fällt aber unter den Schutzbereich der Norm und ist geschädigt i.S.v. Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO (BGE 141 IV 454 E. 2.3.2 S. 457 f.).
Anschaulich wird diese Rechtslage anhand der Verletzung des Amtsgeheimnisses (Art. 320
0 Art. 320 Breach of official secrecy - Breach of official secrecy 1. Any person who discloses secret information that has been confided to him in his capacity as a member of an authority or as a public official or which has come to his knowledge in the execution of his official duties is liable to a custodial sentence not exceeding three years or to a monetary penalty. SR 311.0 Swiss Criminal Code
StGB). Ein Geheimnis offenbart, wer es einem dazu nicht ermächtigten Dritten zur Kenntnis bringt oder diesem die Kenntnisnahme zumindest ermöglicht. Bei der ersten Variante bringt der Täter das Geheimnis dem Dritten zur Kenntnis und verletzt damit das Geheimhaltungsinteresse des Geheimnisherrn. Bei der zweiten Variante ermöglicht der Täter dem Dritten lediglich die Kenntnisnahme und gefährdet dadurch das Geheimhaltungsinteresse des Geheimnisherrn. So verhält es sich etwa bei unzureichender Verwahrung von Akten. Bei Verletzung des Geheimhaltungsinteresses des Geheimnisherrn ist dessen unmittelbare Verletzung und damit Geschädigtenstellung nach Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO zu bejahen. Bei Gefährdung des Geheimhaltungsinteresses ist zu unterscheiden: Bestand die konkrete Gefahr, dass der Dritte vom Geheimnis Kenntnis nimmt, war also nach dem gewöhnlichen Lauf der Dinge die Wahrscheinlichkeit oder nahe Möglichkeit der Rechtsgutsverletzung gegeben, ist die Geschädigtenstellung zu bejahen. Bestand dagegen keine konkrete, sondern lediglich die abstrakte Gefahr der Verletzung des Geheimhaltungsinteresses, ist die Geschädigtenstellung zu verneinen. Bei
Gefährdungsdelikten gibt es insoweit keine Geschädigten im Sinne von Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO, es sei denn, jemand werde konkret gefährdet (Urteil 1B 29/2018 vom 24. August 2018 E. 2.4 und 2.5 [betreffend Bindung von Archivmaterial der KESB durch Strafgefangene]).

2.3.3. Werden somit durch Straftaten nur öffentliche Interessen verletzt und private Interessen bloss mittelbar beeinträchtigt, ist die mittelbar beeinträchtigte Person nicht Geschädigte i.S.v. Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO.

2.4. Zu prüfen (Art. 106 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
BGG) ist demnach die Rechtsnatur des Tatbestands von Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG unter dem für die Beantwortung der Rechtsmittellegitimation gemäss Art. 382 Abs. 1
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
StPO massgebenden Gesichtspunkt.
Der Straftatbestand lautet:

"Mit Busse wird bestraft, wer vorsätzlich das Bahnbetriebsgebiet ohne Erlaubnis betritt, befährt oder es auf andere Weise beeinträchtigt."
Die Vorinstanz nimmt an:

"Es liegt kein Gefährdungsdelikt vor. Die Übertretung gemäss Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG stellt vielmehr ein Verletzungsdelikt dar, dessen Erfolg eingetreten ist, sobald jemand ohne Bewilligung und mit Vorsatz Bahnbetriebsgebiet betritt. Die Bahn ist diesfalls geschädigt und kann sich als Privatklägerin konstituieren" (Urteil S. 5; oben E. 2.2).

2.4.1. Es erscheint zweifelhaft, Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG als Erfolgsdelikt und nicht verkehrsstrafrechtlich naheliegender als abstraktes Gefährdungsdelikt einzuordnen, wobei allerdings zu beachten ist, dass die Gefährdung kein Tatbestandsmerkmal ist. Erfolgsdelikte setzen in ihrem Tatbestand eine von der Handlung unterschiedene raumzeitlich abgrenzbare Wirkung am Handlungsobjekt voraus (Erfolg i.e.S.). Die Handlung selbst kann zwar als Erfolg angesehen werden, weil sie eine Wirkung des Willensimpulses des Täters ist (Erfolg i.w.S.). Auf diesen Erfolgsbegriff stellt die Vorinstanz ab. Nur der Erfolgsbegriff i.e.S. hat aber dogmatische Bedeutung, denn nur hier stellt sich das Problem des Kausalzusammenhangs (JESCHECK/WEIGEND, Lehrbuch des Strafrechts, 5. Aufl. 1996, S. 260). Abstrakte Gefährdungsdelikte sind hingegen Tätigkeitsdelikte, deren Strafwürdigkeit auf der generellen Gefährlichkeit der tatbestandsmässigen Handlung für das geschützte Rechtsgut beruht. Die Schaffung einer konkreten Gefährdung ist nicht erforderlich.
Vorsätzliches unerlaubtes "Betreten" der Gleise schädigt nicht schon und ist dennoch im Bahnbetriebsgebiet tatbestandsmässig, so dass "oder auf andere Weise [...] beeinträchtigt" als Auffangtatbestand und "beeinträchtigt" nicht als Erfolgsmerkmal zu verstehen ist, das vom Vorsatz erfasst sein müsste. Betreten und Befahren sind namentlich aufgeführte typische Varianten des Beeinträchtigens. Da sich das verpönte Verhalten oder das Unrecht in einer Handlung erschöpft, ohne dass ein Erfolg i.e.S. eintreten müsste, lässt sich Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG auch als Tätigkeitsdelikt mit zwei Handlungsvarianten und einem Auffangtatbestand verstehen. Die Einordnung in die Typologie der Tatbestände kann offen bleiben, da die Rechtsmittelberechtigung durch die Rechtsgutsqualifizierung entschieden wird.

2.4.2. Strafbar ist, wer durch Betreten, Befahren oder auf andere Weise das Bahnbetriebsgebiet beeinträchtigt. Wie dargelegt, erfordert "beeinträchtigen" nicht eine Schadenszufügung. Rechtsgut und Handlungsobjekt sind zu unterscheiden. Rechtsgut ist der durch die Strafvorschrift geschützte Wert (JESCHECK/WEIGEND, a.a.O., S. 259 f.). Dieser wird bei Übertretungstatbeständen des Verkehrsstrafrechts zunächst und primär in den öffentlichen Sicherheitsinteressen zu situieren sein. Denn Betreten wird strafbar, weil es das Bahnbetriebsgebiet oder den Bahnbetrieb auf diesem Gebiet beeinträchtigt. Es handelt sich mithin um die Beantwortung der Rechtsfrage, ob Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG Allgemeingüter oder Individualrechtsgüter der SBB AG schützt. Die Voraussetzung der unmittelbaren Rechtsverletzung im Sinne von Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO knüpft an den Rechtsgutsbegriff an; irrelevant ist daher das Vorliegen eines Schadens im privatrechtlichen Sinne (MAZZUCCHELLI/POSTIZZI, in: Basler Kommentar, Schweizerische Strafprozessordnung, 2. Aufl. 2014, N. 21 und 21a zu Art. 115
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO).

2.4.3. Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG ist Offizialdelikt. Es handelt sich um einen Übertretungstatbestand des Verkehrsstrafrechts, ohne dass das formalisierte Verfahren des Ordnungsbussengesetzes (OBG; SR 741.03) anwendbar würde (diesbezüglich das zur Publikation bestimmte Urteil 6B 855/2018 vom 15. Mai 2019 E. 1.5 sowie zu Motiven der Gesetzgebung KLETT/BAUMEIER/DAPHINOFF, a.a.O., Rz. 661).

2.4.4. Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG in der Fassung vor dem Inkrafttreten der aktuellen Bestimmung am 1. Januar 2016 erklärte jeglichen Verstoss gegen eine Vorschrift über die Benützung des Bahnhofgebiets zu einer Übertretung. Diese Regelung überliess es den Eisenbahnunternehmen, die Straftatbestände zu definieren, weshalb aArt. 86
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
EBG aufgehoben wurde (KLETT/BAUMEIER/DAPHINOFF, a.a.O., Rz. 471). Nach dem aktuellen Wortlaut wird bestraft, wer das Bahnbetriebsgebiet vorsätzlich ohne Erlaubnis betritt, befährt oder auf andere Weise beeinträchtigt. Die Strafbarkeit unterliegt diesem Vorbehalt, d.h. die verbotenen Bahnbetriebsgebiete müssen signalisiert sein.

2.4.5. Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG wird von den kantonalen Strafbehörden mit einer in KLETT/BAUMEIER/DAPHINOFF (a.a.O., Rz. 475) kritisierten Zurückhaltung angewandt. Diese Rechtsprechung wird der Tatsache zuzuschreiben sein, dass Bahnhöfe Treff- und Kreuzungspunkte vielfältiger und sich konkurrierender öffentlicher und privater Nutzungsinteressen sind. Einer Pönalisierung alleine nach der Interessenlage der Bahnunternehmen wurde durch die Novellierung die Grundlage entzogen. Der Tatbestand schützt einzig das Bahnbetriebsgebiet.

2.4.6. Art. 86 Abs. 1
0 Art. 110 SR 311.0 Swiss Criminal Code
1    Close relativesof a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 1
2    Family membersare persons who live in the same household.
3    Public officialsare the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
3bis    If a provision refers to the term "property", it also applies to animals. 2
4    Official documentsare written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
5    Public deedsare official documents issued by members of an authority, public officials and holders of public office in the exercise of official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
6    A dayhas 24 successive hours. The month and the year are calculated according to the calendar.
7    Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
0 Art. 238 Disruption of rail traffic SR 311.0 Swiss Criminal Code
1    Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision is liable to a custodial sentence or to a monetary penalty 1 .
2    If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 398 Admissibility and grounds SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part.
2    The court of appeal may review the judgment comprehensively on all contested points.
3    An appeal may contest:
a  an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
b  an incomplete or incorrect assessment of the circumstances of the case;
c  a decision that is inequitable.
4    Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.
5    If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.
EBG pönalisiert jedenfalls verbotene Gleisüberschreitungen (KLETT/BAUMEIER/DAPHINOFF, a.a.O., Rz. 474). In casu umfasst das Bahnbetriebsgebiet die von der Beschwerdeführerin betretene und erstinstanzlich als "Bahnübergang" bezeichnete Örtlichkeit (oben Sachverhalt B). Die allgemeine Aussage, dass jedermann klar sei, dass man Gleise nicht überschreiten dürfe (a.a.O., Rz. 476), genügt als Grundlage der Strafbarkeit nicht, verweist aber durchaus bereits auf das geschützte Rechtsgut. Wie die Erstinstanz feststellt, bestehen aber vielfältige Ausnahmen aufgrund örtlicher Gegebenheiten (oder bislang fehlender Sanierung; vgl. KLETT/BAUMEIER/DAPHINOFF, a.a.O., Rz. 684 ff.). Strafbarkeit setzt individuelle Vorwerfbarkeit und damit persönliches Verschulden voraus.

2.4.7. Die SBB AG ist eine spezialgesetzliche Aktiengesellschaft mit dem Bund als alleinigem Aktionär; sie erbringt als Kernaufgabe Dienstleistungen im öffentlichen Verkehr (Art. 2 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
, Art. 3 Abs. 1
CrimPC Art. 105 Other persons involved in the proceedings SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Other persons involved in the proceedings are:
a  persons suffering harm;
b  the person who has reported the offence;
c  witnesses;
d  persons providing information;
e  expert witnesses;
f  third parties who have suffered detriment due to procedural acts.
2    If the rights of persons involved in the proceedings named in paragraph 1 are directly affected, they shall, in order to safeguard their interests, be entitled to the procedural rights of a party.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
und Art. 10 Abs. 2
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
des Bundesgesetzes über die Schweizerischen Bundesbahnen [SBBG; SR 742.31]). Mit ihrer Errichtung als spezialgesetzliche Aktiengesellschaft führt die SBB AG die bisherige Anstalt des Bundes weiter (Art. 24 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
SBBG). Mit dem Inkrafttreten des SBBG erlangte sie die Rechtspersönlichkeit (Art. 25
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
SBBG). Sie ist über ihre Organe handlungs- und damit prozessfähig (Art. 106
CrimPC Art. 106 Capacity to act SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    The party may validly carry out procedural acts only if he or she has the capacity to act.
2    A person lacking the capacity to act shall be represented by his or her statutory representative.
3    A person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.
StPO). Soweit das SBBG nichts Abweichendes bestimmt, finden die Eisenbahngesetzgebung und das OR auf die SBB AG Anwendung (Art. 22
CrimPC Art. 106 Capacity to act SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    The party may validly carry out procedural acts only if he or she has the capacity to act.
2    A person lacking the capacity to act shall be represented by his or her statutory representative.
3    A person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.
SBBG).
Der Gesetzgeber sieht den Betrieb der Eisenbahn als äussert gefährlich an (Urteil 4A 602/2018 vom 28. Mai 2019 E. 3.4.2). Der Gefährdungshaftungstatbestand von Art. 40b
CrimPC Art. 106 Capacity to act SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    The party may validly carry out procedural acts only if he or she has the capacity to act.
2    A person lacking the capacity to act shall be represented by his or her statutory representative.
3    A person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.
EBG legt die Voraussetzungen fest, die erfüllt sein müssen, damit der Inhaber des Eisenbahnunternehmens für Personen- und Sachschäden haftet. Die Haftung knüpft an die Verwirklichung der charakteristischen Risiken an, die mit dem Betrieb der Eisenbahn verbunden sind. Es handelt sich um eine strenge Kausalhaftung (sog. Gefährdungshaftung), die weder ein Verschulden noch eine Ordnungswidrigkeit bedingt (Urteil 4A 602/2018 vom 28. Mai 2019 E. 2.3). Das Eisenbahnunternehmen kann sich gemäss Art. 40c
CrimPC Art. 106 Capacity to act SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    The party may validly carry out procedural acts only if he or she has the capacity to act.
2    A person lacking the capacity to act shall be represented by his or her statutory representative.
3    A person with capacity of judgement who lacks the capacity to act may, in addition to his or her legal agent, exercise procedural rights that are of a highly personal nature.
EBG entlasten, wobei entscheidend sein kann, welcher "Sphäre" eine Teilursache zuzurechnen ist; stösst ein Schuldunfähiger einen wartenden Passagier vor den Zug, kann es sich rechtfertigen, diese Teilursache dem Risikobereich des Unternehmens zuzurechnen (Urteil 4A 602/2018 vom 28. Mai 2019 E. 3.4.2). Ein Bahnunternehmen hat mithin ein eminentes Sicherheitsinteresse im Bahnbetriebsgebiet (zu einer Vorsatztat Urteil 6B 213/2019 vom 26. August 2019).
Somit kann die SBB AG zwar als juristische Person im Sinne von Art. 382 Abs. 1
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
StPO grundsätzlich durch ihre Bevollmächtigten ein Rechtsmittel ergreifen; die Berechtigung im Sinne der Sachurteilsvoraussetzung steht ihr aber einzig unter den Bedingungen von Art. 115
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO zu (vgl. Urteil 6B 367/2017 vom 17. Januar 2018 E. 1). Mit der blossen Verweisung auf BGE 139 IV 78 vermag sie ihre Legitimation ebenso wenig zu begründen wie mit einem Hinweis auf haftungsrechtliche Probleme (unten E. 2.4.8). Sie müsste dazu vielmehr in ihren Individualrechtsgütern unmittelbar verletzt sein. Dabei ist zu beachten, dass Art. 115 Abs. 1
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
CrimPC Art. 115 SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    A person suffering harm is a person whose rights have been directly violated by the offence.
2    A person entitled to file a criminal complaint is deemed in every case to be a person suffering harm.
StPO nicht einen "Schaden" voraussetzt, sondern die unmittelbare Verletzung der (juristischen) Person "in ihren Rechten". Art. 382 Abs. 1
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
CrimPC Art. 382 Rights of other parties SR 312.0 Swiss Criminal Procedure Code - Criminal Procedure Code
1    Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.
2    A private claimant may not contest a decision on a sanction that has been imposed.
3    In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC 1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.
StPO ist entgegen der Beschwerdeführerin nicht gemäss Art. 81 Abs. 1 lit. b Ziff. 5