Facts
In a property in [A.] , the window pane of a passenger lift was missing. On 27 May 2009, a boy just under six years old climbed through the unprotected opening. As the lift started moving upwards, he was trapped between the lift floor and the upper frame of the window, causing him to suffocate. [X.] is accused of having been informed about the missing pane on 25 May 2009 and of having failed to take the necessary measures. The High Court of the Canton of Schaffhausen convicted [X.] in the second instance of negligent homicide and imposed a suspended fine of 120 daily rates of CHF 1'300.-- with a probation period of two years.
Considerations
The Federal Supreme Court dismisses [X.] 's appeal. It considers the appellant's allegations to be unfounded:
- The violation of Art. 78 para. 5 CrimPC and the right to be heard are unfounded, as the lower court correctly recorded the appellant's refusal to sign the transcript of his interrogation.
- The principle of indictment is not violated, as the charges against the appellant were sufficiently specified.
- There is no violation of the right to be heard, as the appellant was able to inspect the files of the co-accused in the…