41 fire deaths: Maximum four and a half years in prison for bar owners

41 teenagers and young adults died at a New Year’s Eve party in Crans-Montana. The Swiss justice system is investigating, among other things, the operators of the bar. But even if they are convicted, they only face relatively short prison sentences.

According to a report in the “Neue Zürcher Zeitung” (NZZ), the accused face a maximum prison sentence of four and a half years. According to experts, such a verdict is likely in many people there is a lack of understanding and anger bump.

Swiss justice continues to investigate the operator of the bar

Be at the center of the public prosecutor’s investigation the bar’s operators, Jacques and Jessica Moretti, as well as several people who were responsible for fire protection and security in the restaurant. Investigations are also underway against the mayor of Crans-Montana.

Essentially, it concerns the criminal offenses of negligent homicide, negligent bodily harm and negligent arson. The disaster in the bar occurred after sparking party fountains ignited the foam on the ceiling.

An amateur photo shows how the ceiling in the bar "Le Constellation" Burns in Crans-Montana. — An amateur photo shows how the ceiling in the bar “Le Constellation” in Crans-Montana is burning. X

But even if the accused were to be convicted in a criminal trial, they would face relatively minor penalties, as the “Neue Zürcher Zeitung” (NZZ) now reported.

“In Switzerland, someone who kills or injures someone through carelessness can be imprisoned for a maximum of three years,” says the analysis. “When – as in the case in Crans-Montana – several such offenses come together, it is called competition. Then the court first sets the punishment for the most serious offense and then increases it slightly to take the other offenses into account.”

“In extreme cases, a total sentence of four and a half years”

According to the report, this increase may not exceed half of the sentence originally provided for by the legislature, “i.e. a maximum of one and a half years.” If the previous allegations remain, “in extreme cases there is a risk of a total sentence of up to four and a half years,” says the report. Even if other offenses were added, such as money laundering or fraud, the maximum penalty would be around seven and a half years.

Criminal law expert Felix Bommer, quoted by the “NZZ”, suspects that the verdict in the Crans-Montana case will cause great public resentment. “Many people intuitively equate the severity of the consequences with culpability,” says Bommer. Negligence can have serious consequences even with relatively little fault.

Criminal law expert: Number of deaths irrelevant to sentence

In addition, the number of victims does not play a role in the punishment for negligence crimes. “The sentence is not multiplied by the number of dead and injured.” According to Bommer, criminal proceedings are not intended to provide psychological healing or “atonement”. That’s what victim support or therapeutic offers are for.