Facts
The facts of the case concern an accident with a double-hulled cargo ship on Lake Zurich on November 25, 1970, in which a ship's assistant drowned. The High Court of the Canton of Zurich acquitted the operations manager of the ship's owner of the charge of negligent homicide and disruption of public traffic. The public prosecutor's office then filed a nullity appeal.Considerations
In this judgment, the Federal Supreme Court changes its previous jurisprudence on Art. 237 of the Swiss Criminal Code (Disruption of Public Traffic). Previously, the court had ruled that this provision was not applicable if someone merely endangered the life and limb of a person participating in public traffic, but only if the public traffic itself was obstructed, disrupted or endangered.After re-examination, the Federal Supreme Court now concludes that Art. 237 of the Swiss Criminal Code is also applicable if the perpetrator endangers the life and limb of passengers. For these persons also participate in public traffic and are therefore equally in need of protection as other road users. It would be detached from reality not to punish the operator of a…