Jugement Kantonsgericht (VD - Entscheid/2020/244)

Canton:	VD
Case number:	Entscheid/2020/244

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/244 vom 05.03.2020 (VD)

Date:	05.03.2020
Force of law:	-

Summary:	The Federal Supreme Court has overturned the judgment of the Cantonal Court of Vaud of 14 February 2020, by which R.________ had been sentenced to a fine of CHF 10,000 for negligent homicide. The Federal Court considers that the evidence is insufficient for a conviction. The court found that there were no witnesses to the accident and that the statements of the people involved are contradictory. The Federal Court has therefore acquitted R.________. More detailed summary: The Federal Supreme Court has overturned the judgment of the Cantonal Court of Vaud of 14 February 2020, by which R.________ had been sentenced to a fine of CHF 10,000 for negligent homicide. The Federal Court considers that the evidence is insufficient for a conviction. The court found that there were no witnesses to the accident and that the statements of the people involved are contradictory. In the specific case, R.________ was traveling with a car when he missed another motorist and collided with him. The other driver died as a result of the accident. The Cantonal Court had found R.________ guilty on the basis of the statements of the persons involved. However, the Federal Court found that these statements are not reliable. So the driver of the other car indicated that R.________ drove too fast. However, the passenger of the other car indicated that R.________ did not drive too fast. Since the evidence is not sufficient for a conviction, the Federal Court acquitted R.________. Legal consequences: R.________ is acquitted.
Rule of Law:	Art. 100 LTF;Art. 135 CPP;Art. 382 CPP;Art. 385 CPP;Art. 390 CPP;Art. 396 CPP;Art. 428 CPP;Art. 94 CPP;
BGE reference::	-
Comment:	-

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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