Facts
The case concerns the death of Giuditta Poggiali, which occurred on January 7, 1971 due to gas poisoning, following a gas leak caused by the excavation work carried out by the Losinger-Vicari company under the direction of Domenico Capozzi.
The Pretore (Magistrate) of Lugano-District had initially acquitted Capozzi of the charge of negligent homicide, but found him guilty of violating the rules of the building trade and of culpable disruption of public services. On appeal by the public prosecutor, the Cantonal Court of Cassation and Criminal Review had instead found Capozzi guilty of negligent homicide as well, sentencing him to a suspended sentence of 3 days' detention.
Capozzi had therefore appealed to the Federal Tribunal, requesting the annulment of the cantonal judgment that found him guilty of negligent homicide.
Considerations
The Federal Tribunal upheld the appeal, annulling the cantonal judgment and remanding the case to the Cantonal Court for a new trial.
According to the Federal Tribunal, the issue of the adequacy of the causal link between Capozzi's conduct and Giuditta Poggiali's death had been considered by the Cantonal Court as a question of fact, binding on the Federal Tribunal. However, the Federal Tribunal noted that, according to its case law, the issue of the adequacy of the causal link is actually a question of law.
Regarding the…