Questione giuridica chiave
Whether OHG compensation and satisfaction claims can be based on conduct before 1 January 1993 when the harmful result occurred later
Decisione estratta
For negligent result offenses, the relevant 'commission' under Art. 12(3) OHV is completed only when the punishable result occurs; the OHG may therefore apply if the result arose after 1 January 1993.
Motivazione estratta
The OHG follows an victim-oriented approach. For result offenses, a 'strait' exists only once the objective elements are fulfilled, i.e. when the legally relevant harm materializes. The temporal scope of Arts. 11-17 OHG is thus determined by the occurrence of the result, not solely by the earlier risky conduct.