Facts
The Regional Prosecutor's Office Oberland initiated criminal proceedings against [H.] , the person responsible for piste safety, on suspicion of negligent homicide. On February 26, 2015, the 13-year-old ski student [E.A.] suffered a fatal accident on ski piste No. xxx in [U.] ([V.] ). She crashed head-first into a snow-covered stream next to the piste and sustained severe injuries, from which she died on the day of the accident. The Regional Court Oberland found [H.] guilty of negligent homicide and sentenced him to a fine. [H.] appealed against this judgment. The Cantonal High Court of Bern subsequently acquitted him of the charge of negligent homicide.Considerations
The lower court justified the acquittal as follows: - The course of the piste and the piste edge were recognizable. While there may have been additional traces left by rescue workers or spectators after the accident that altered the picture. Applying the principle of "in dubio pro reo", the lower court assumed that the piste edge was recognizable at the time of the accident. - The victim had consciously deviated from the piste onto a side path. It was questionable whether she had then consciously continued towards the…