Jugement Kantonsgericht (VD - Entscheid/2020/468)

Canton:	VD
Case number:	Entscheid/2020/468

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/468 vom 22.06.2020 (VD)

Date:	22.06.2020
Force of law:	-

Summary:	O.________ was accused of causing a traffic accident in which a person was injured. The Ministère public submitted the proceedings in accordance with § 383 para. 2 StPO, since the fault of O.________ is low. O.________ filed an appeal against the hiring order. The Chambre des recours pénale dismissed the complaint. She confirmed the termination of the proceedings, since the guilt of O.________ was actually low. More detailed summary: O.________ was accused of causing a traffic accident in which a person was injured on July 1, 2017. O.________ was driving his car on the highway when he overtook another car. It came to a collision, in which the passenger of the other car was injured. The Ministère public conducted an investigation and came to the conclusion that O.________ had indeed made a mistake, but that his guilt was minor. Therefore, it suspended the proceedings in accordance with § 383 para. 2 StPO a. O.________ filed an appeal against the hiring order. He argued that his guilt was not minor and that the proceedings should therefore have been opened. The Chambre des recours pénale dismissed the complaint. She confirmed the termination of the proceedings, since the guilt of O.________ was actually low. In doing so, she relied on the following reasons: O.________ had no criminal record. He had shown understanding and apologized to the injured person. The accident was not serious. The Chambre des recours pénale stated that the termination of the proceedings was in line with the principle of proportionality.
Rule of Law:	Art. 100 LTF;Art. 143 CPC;Art. 383 CPP;Art. 385 CPP;Art. 422 CPP;Art. 423 CPP;Art. 429 CPP;
BGE reference::	-
Comment:	Geiser, Basler Kommentar éd., Art. 431 OR, 2010

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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