Facts
[F.] operates a practice in a 3.5-room apartment in S. On July 4, 2001, a kitchen fire broke out during his absence, which was attributable to an activated cooking plate. Although the fire extinguished itself, considerable property damage occurred. On July 5, 2002, the Cantonal Court of Appenzell Ausserrhoden found [F.] guilty of a violation of the cantonal fire protection ordinance and sentenced him to a fine of CHF 500. The convicted person's appeal to the High Court of the Canton of Appenzell Ausserrhoden was unsuccessful.
Considerations
The Federal Supreme Court first examines whether the federal nullity appeal is admissible. It concludes that the appeal is admissible insofar as a violation of federal law by the cantonal fire protection ordinance is claimed.
On the merits, the Federal Supreme Court decides that the conviction of the appellant based on the cantonal fire protection ordinance is permissible. The penal provision of Art.…