Facts
The case concerns a construction contractor named Bressan, who in the spring of 1962 was commissioned by a pub owner to tar a part of the courtyard of his inn "Zum Rössli" in Neukirch. Bressan instructed his excavator operator Stadelmann to excavate the courtyard, without first ensuring whether there were any pipelines in the ground. Stadelmann then struck a gas pipe, which he slightly damaged without noticing. Shortly afterwards, a violent explosion occurred in the basement of the inn, which almost completely destroyed the building and caused significant damage to 26 neighboring houses. A cyclist was fatally injured, and two workers escaped unharmed.
The District Court of Arbon convicted Bressan of negligent endangerment through violation of the rules of construction under Art. 229 para. 2 of the Swiss Criminal Code, as well as negligent disruption of businesses serving the general public under Art. 239 no. 2 of the Swiss Criminal Code. Bressan appealed, which the High Court of the Canton of Thurgau dismissed. Bressan then filed a nullity appeal with the request for acquittal.
Considerations
The Federal Supreme Court dismissed the appeal and upheld Bressan's conviction. It stated that as a master builder, Bressan had personally taken charge of the construction work and was therefore responsible for compliance with the rules of construction. The excavation of the courtyard without prior inspection for possible pipelines and the failure to give instructions to the workers in the event of pipeline damage constituted gross violations of these rules. Even if Bressan was not aware of the endangerment of life and limb,…