Facts
On August 23, 2003, X. and [Y.] organized a fire walking seminar, in which the women's field hockey team of A participated. The participants were informed of the risks of fire walking, personal responsibility, and the waiver of liability they had to sign. Despite these warnings, A burned her feet during the fire walking.
The Rheintal district court convicted X. and [Y.] of serious bodily injury through negligence (art. 125, para. 2, SCC) and sentenced them to a suspended prison sentence of five days and a fine of 1,000 francs. The cantonal court of St. Gallen dismissed X.'s appeal and the public prosecutor's incidental appeal.
X. filed a nullity appeal against the cantonal court's decision, requesting the annulment of the decision and her complete acquittal of the charge of serious bodily injury through negligence.
Considerations
The Federal Court admitted the nullity appeal, considering that the cantonal court's decision violated federal law. The Federal Court considered that the participant had become aware of the risk of burning her feet and had accepted this risk by signing the waiver of liability.
The Federal Court also considered that the seminar organizer had not committed a fault by not taking measures to prevent burns, as the participants were aware of the risks and had agreed to participate in the activity. The Federal Court also considered that the organizer did not have better knowledge of the risk of burns than the participants.
The Federal Court concluded that the cantonal court's decision was contrary to federal law and…