Facts
The case concerns a fire that broke out on the night of October 27 to 28, 1955 in the wagon shed of the agricultural homestead "Badgut" in Langenthal. The owner of the homestead, Paul Rufener, was found guilty by the High Court of the Canton of Bern of negligently causing a fire and was punished with a suspended fine.
Rufener filed a nullity appeal against the judgment with the request to be acquitted. The Attorney General of the Canton of Bern requested the dismissal of the appeal.
Considerations
The Court of Cassation concluded that Rufener cannot be punished under Article 222 paragraph 1 of the Swiss Criminal Code (StGB), as neither harm to another person nor a public danger existed.
Although it was established that Rufener's son Max, as the tenant of the homestead, suffered damage from the fire. However, Max himself was responsible for monitoring the smoldering pile of ashes after his father had instructed him to do so. Therefore, the damage to Max Rufener could not be attributed to Rufener senior as the landlord.
The assumption that the fire insurer of the Canton of Bern was harmed as an "other" within the meaning of Article 222 StGB also did not withstand closer examination. The financial loss of the insurer through the payment of the insurance sum does not…