Jugement Kantonsgericht (VD - Entscheid/2020/190)

Canton:	VD
Case number:	Entscheid/2020/190

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/190 vom 17.03.2020 (VD)

Date:	17.03.2020
Force of law:	-

Summary:	S.________ was acquitted by the Federal Court because the evidence of his guilt was insufficient. In detail: S.________ was convicted of assault by the Cantonal Court of Zurich. The federal court overturned the verdict because the evidence was insufficient. The federal Court found that the victim's statements were contradictory. The Federal Court came to the conclusion that it is not proved that S.________ committed the bodily injury. S.________ was acquitted. More details: S.________ was sentenced by the Cantonal Court of Zurich on August 2, 2019 to a prison sentence of 6 months for assault. The victim accused S.________ of attacking and wounding her in Zurich on August 1, 2019. S.________ denied the allegations and appealed to the Federal Court. The Federal Supreme Court overturned the verdict of the Cantonal Court and acquitted S.________. Legal documents: Article 79b paragraph 1 letter a and paragraph 2 letter a of the Criminal Code (StGB) Article 388 Paragraph 3 of the Criminal Code Article 439(1) and (2) of the Code of Criminal Procedure (Code of Criminal Procedure) Article 2 RESE (Collection of case law of the Swiss Federal Supreme Court)
Rule of Law:	Art. 132 StPo;Art. 310 ZGB;Art. 388 StGB;Art. 390 StPo;Art. 396 StPo;Art. 428 StPo;Art. 439 StPo;Art. 79b StGB;
BGE reference::	-
Comment:	Koller, Basler Kommentar Strafrecht I, Art. 79, 2007 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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