Facts
The case concerns an accident in which a passenger who voluntarily held onto the moped of a bus driver was seriously injured. The single judge at the District Court of Dielsdorf initially acquitted the bus driver of the charge of negligent serious bodily harm, as she had no guarantor position. However, the High Court of the Canton of Zurich convicted the bus driver of negligent serious bodily harm, as the natural and adequate causal link was given.
The bus driver then filed a nullity appeal with the Federal Supreme Court and requested her acquittal from the charge of negligent serious bodily harm.
Considerations
The Federal Supreme Court granted the nullity appeal. It stated that the passenger had put himself in danger through his behavior and had thus justifiably consented to the self-endangerment. The bus driver had merely participated in a subordinate way in…