Facts
The respondent [X.] was indicted by the District Court of Hinwil for negligent homicide, negligent multiple instances of driving while incapacitated, operating an unsafe vehicle, multiple violations of traffic regulations, and multiple violations of the Narcotics Act. With the exception of the violations of the Narcotics Act, the District Court refrained from imposing punishment in application of Art. 54 of the Swiss Criminal Code (StGB).
The Office of the Attorney General of the Canton of Zurich filed an appeal against this judgment. The High Court of the Canton of Zurich found [X.] guilty of multiple violations of the Narcotics Act and driving while incapacitated, and sentenced him to a suspended fine. In all other respects, it also refrained from imposing punishment.
The Office of the Attorney General of the Canton of Zurich then filed an appeal in criminal matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that Art. 54 StGB only applies if the perpetrator is severely affected by the direct consequences of the act that fulfills the elements of the offense. It is essential whether a single act directly triggers the impact on the perpetrator.
In the present case, the relevant act is the negligent homicide, through which the respondent caused the death of his friend [A.] . This circumstance has undisputedly severely impaired the respondent. The further allegations of driving under the…