Kernrechtsfrage
Whether smoking a cigarette near flammable materials without sufficient precautions constitutes negligent causation of a fire under Art. 222(1) StGB.
Extrahierter Entscheid
Yes. A smoker must take conscious and comprehensive precautions to prevent embers from starting a fire; the accused failed to do so.
Extrahierte Begründung
Causation and adequate causation were clear. Because smoking near a couch and scattered clothes created an increased and foreseeable danger, the accused had to ensure that no ember could fall unnoticed and that the cigarette was fully extinguished and safely placed. His inattentive conduct breached the required objective and subjective duty of care.