Facts
On April 14, 1976, Helene [M.] was together with her acquaintances Ursula [P.] and Beat S. In the conversation, the upcoming renovation and sewage costs for Helene's farmhouse in Thalheim AG were discussed. Helene then stated that it would be best to "burn down the house in a controlled manner". Beat [S.] offered to do this with a short circuit and asked Helene how much it would be worth to her. Helene mentioned the amount of 5,000 francs that she had in the house at the time and wanted to take to her godmother in Klagenfurt. Ursula [P.] also showed interest in the matter. On Easter Sunday, April 18, 1976, Beat [S.] and Ursula [P.] then set fire to the farmhouse.
A few days later, Ursula [P.] informed Helene about the fire. Helene was surprised and did not want to believe it. Ursula [P.] said that a tent and a chandelier belonging to the [M.] spouses had been secured before the arson. Helene's husband Rudolf [M.] then reported these items as missing to the Swiss Household Insurance, which Helene [M.] signed. The payout did not occur, as the matter was uncovered.
The jury court of the 1st district of the canton of Bern convicted Helene [M.] of negligent causation of a fire, attempted fraud against the Swiss Household Insurance, and obstruction of justice.
Considerations
The Federal Court overturned the judgment regarding the negligent causation of a fire. It concluded that while Helene [M.] had incited Beat [S.] and Ursula [P.] to arson through her thoughtless talk about the "desirability" of a fire, this did not fulfill the elements of the offense of negligent causation of a fire. Although there was a causal link between the thoughtless talk and the later intentional…