Facts
The appellant was sentenced by penal order of 28 January 2020 to a conditional fine of 50 daily rates of CHF 120.-- for negligent serious bodily harm. The conviction was based on an accident in which the appellant, on 29 January 2019, steered a passenger car into a roundabout and failed to notice a pedestrian who was crossing the pedestrian crossing, resulting in a collision. The pedestrian suffered serious injuries.
The appellant filed a petition for review and submitted an accident analysis report, which concluded that the accident would have been unavoidable at a speed of 39 to 43 km/h. The lower court dismissed the petition for review, as the appellant had failed to reduce her speed before the pedestrian crossing and thus violated her duty of care.
Considerations
The Federal Court examined whether the lower court had based its decision on the correct concepts of "new fact", "new evidence", and their "relevance". It found that the lower court had rightly denied the relevance of the report within the meaning of Art. 410 para. 1 lit. a CrimPC, as the appellant had failed to reduce her speed before the pedestrian crossing and thus violated her duty of care.
The…