Facts
On May 8, 2015, a traffic accident occurred in Basel in which a cyclist was hit and fatally injured by a passenger car. The public prosecutor's office discontinued the criminal proceedings against the driver for negligent homicide, as there was no substantiated suspicion of an offense. The widow and daughter of the deceased filed a complaint against this decision. The Federal Supreme Court overturned the decision of the lower court and referred the case back to the public prosecutor's office for further criminal investigation. The lower court had violated the principle of "in dubio pro duriore" in examining the breach of duty of care and the preventability of the accident. It was not clear whether the driver had disregarded traffic rules and thus breached his duty of care. Nor could it be conclusively assessed whether the driver could have prevented the collision. Given the doubtful state of the evidence and the law, as well as the serious consequences of the accident, it is appropriate for the competent court to decide on the validity of the criminal charges against the driver.Considerations
The Federal Supreme Court states that the public prosecutor's office may only order the discontinuation of proceedings in cases of clear lack of criminal liability or obvious lack of procedural requirements. If a conviction appears more likely than an acquittal, an indictment must be filed. In cases of doubtful evidence or legal situation, it is not the public prosecutor's office, but the court responsible for the substantive assessment that must decide on the validity of the criminal charges.
Regarding the breach of the duty of care, the Federal Supreme Court criticizes that the lower court did not take into…