Question juridique clé
Whether the defendant committed negligent arson under Art. 222(1) StGB.
Solution extraite
Yes. Given the attic's age, the visible insulation, and his knowledge and abilities, he had to foresee that igniting the spider web could spread fire to the roof insulation and cause a blaze.
Motifs extraits
The court held that the defendant could and should have foreseen the chain of events. His act was unnecessary and risky; the use of fire in the attic exceeded the permitted risk.