Acquittal of the appellant from the charge of negligent arson

Facts

On 3 April 2011, [X.] polished furniture with a strong cleaning agent. She collected the soaked rags and used household paper in an uncovered plastic bucket, which she left unattended. The material in the bucket then ignited and caused a fire that caused significant damage.

On 12 March 2015, the President of the District Court of Lenzburg found [X.] guilty of negligent arson and sentenced her to a suspended fine and a penalty. On appeal by [X.] , the High Court of the Canton of Aargau confirmed the judgment on the issue of guilt and punishment on 7 July 2016, but reduced the claim for damages.

By criminal complaint, [X.] requested her acquittal. During the proceedings, she passed away on 20 December 2016.

Considerations

The FSCA considers the allegation of arbitrary factual findings and assessment of evidence to be unfounded. The lower court has plausibly established that the appellant was aware of the special effectiveness of the cleaning agent used, but did not have to expect its flammability.

Although the appellant violated a duty of care under the cantonal Fire Protection Act by leaving the…