Facts
The Federal Court had to rule on a federal appeal for nullity by two therapists ([X.] and [Y.] ) who had been convicted of negligent homicide (Art. 117 SCC) and had participated in a three-day body-oriented group therapy (primarily oriented body therapy) during which a patient ([A.] ) died. The therapists had physically restrained the patient during the therapy and had not reacted to his verbal and non-verbal signals, although he was obviously in a life-threatening situation.
The High Court of the Canton of Aargau had convicted the therapists of negligent homicide and sentenced them to seven days of conditional imprisonment and a fine of CHF 2,000.-- each. The therapists had appealed against the judgment and argued that they had not committed a breach of duty of care and that the patient's death had not been foreseeable.
Considerations
The Federal Court examined the appeal and came to the conclusion that the therapists had committed a breach of duty of care. The therapists could and should have recognized the danger of the outcome in view of the clear indications of a life-threatening situation. They should have stopped and discontinued the therapy at the latest after the patient's first call to avoid a life-threatening situation.
The Federal Court found that the therapists had inadequately fulfilled their supervisory and care duties by ignoring the clear signs of a life-threatening development of the situation and by both acting on the patient at the same time without ensuring constant - also visual - control of the patient's…