Question juridique clé
Whether the appellant's conduct fulfilled negligent homicide under Art. 117 StGB
Solution extraite
Yes. He breached his duty of care by starting the flight despite recognisable critical weather conditions and without checking current weather data.
Motifs extraits
The court held that foreseeability is assessed ex ante, while attribution depends on whether the realized risk was created by the accused. Given the weather forecast, visible storm signs, and operating rules prohibiting flights near thunderstorms or unstable weather, the appellant should have withheld the flight. The fatal outcome was foreseeable and avoidable.