Questione giuridica chiave
Whether the cantonal venue for an omission offense was determined arbitrarily.
Decisione estratta
No. For an omission offense, venue lies where the actor should have acted; because the service could be performed at any qualified workshop in Switzerland and the prosecution was first initiated in Uster, the venue determination was not arbitrary.
Motivazione estratta
Where no fixed place of performance exists, the hypothetical place(s) where the omitted act could have been carried out may found venue, and forum praeventionis applies where multiple venues are conceivable.