Facts
The appellant, a construction manager architect, was convicted of negligent bodily harm under Art. 125 para. 1 SCC. The incident occurred on December 13, 2006, when worker [Y.] fell over the balcony railing while covering the balcony ceiling on the 1st floor of a property in Zurich and broke his right wrist.
The appellant, as construction manager architect, had concluded a contract for plastering work with [W. AG] as part of the renovation of the single-family home. Towards the end of the construction work, he had the facade scaffolding removed without informing [W. AG] . On December 11, 2006, he commissioned [V.] to carry out the cladding of the balcony ceiling on the 1st floor, although the scaffolding had already been dismantled at that time.
The District Court of Zurich convicted the appellant of negligent bodily harm and sentenced him to a conditional fine. The Higher Court of the Canton of Zurich upheld the judgment. The appellant lodged a criminal appeal with the request to quash the judgment and acquit him.
Considerations
The lower court assumed that the appellant had violated his duty of care by omission. The appellant was held responsible as construction manager architect for complying with safety regulations. The lower court relied on SIA standard 118, which obliges the construction manager architect to support the contractor in complying with safety standards.
The appellant complained of a violation of federal law, as the lower court had wrongly inferred a duty to protect on his part towards [Y.] from the contract between the building owner and [W. AG] . The appellant argued that he had concluded the contract for plastering work in the name of and as representative of the…