Facts
On May 6, 1992, an accident occurred in Sirnach in which the complainant [A.], as the driver of a passenger vehicle, struck the pedestrian [K.], who had unexpectedly entered the pedestrian crossing. [K.] suffered serious injuries as a result. The District Court of Münchwilen initially acquitted [A.] of the charge of negligent bodily harm. However, on appeal by the injured party and the public prosecutor's office, the High Court of the Canton of Thurgau found [A.] guilty of negligent serious bodily harm in the second instance and sentenced him to a fine.
[A.] filed a federal nullity appeal against this decision, requesting to be acquitted of the guilty verdict. However, the Federal Supreme Court dismissed the appeal.
Considerations
The Federal Supreme Court stated that a conviction for negligent serious bodily harm under Art. 125 para. 2 of the Swiss Criminal Code (StGB) requires that the result was caused by the perpetrator's breach of the duty of care. The conduct is considered a breach of the duty of care if the perpetrator could and should have recognized the risk to the victim's legal interests and if he or she exceeded the permissible limits of risk.
The…