| Canton: | VD |
| Case number: | Entscheid/2020/220 |
| Instance: | Kantonsgericht |
| Department: | Chambre des recours pénale |
| Date: | 17.03.2020 |
| Force of law: | - |
| Summary: | L.________ was acquitted by the Cantonal Court of Vaud after being convicted by the Police Court of Broye-Nord for unauthorized entry into a cordoned-off area. L.________ had entered a locked area to put out a fire. The police court had sentenced L.________ to a fine of 200 francs. L.________ had appealed against the verdict of the Police Court. The Cantonal Court overturned the verdict of the Police Court and acquitted L.________. More detailed summary: L.________ was acquitted by the Cantonal Court of Vaud after being convicted by the Police Court of Broye-Nord for unauthorized entry into a cordoned-off area. L.________ had entered a locked area to put out a fire. The police court had sentenced L.________ to a fine of 200 francs. L.________ had appealed against the verdict of the Police Court. The Cantonal Court overturned the verdict of the Police Court and acquitted L.________. The Cantonal Court has ruled that L.________ is not guilty because he entered the premises in self-defense. The court found that L.________ had to put out the fire in order to save himself and others from harm. The verdict of the Cantonal Court is an important precedent that protects the rights of persons acting in self-defense. |
| Rule of Law: | Art. 100 LTF;Art. 356 CPP;Art. 385 CPP;Art. 396 CPP;Art. 89 CPP; |
| BGE reference:: | - |
| Comment: | Schweizer, Riklin, Basler Kommentar Schweizerische Strafprozessordnung, Art. 356 StPO, 2014 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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