Title: The Crans-Montana Fire Litigation: A Case Study in Expanding Accountability in Swiss Criminal and Administrative Law
Abstract
This paper examines the aftermath of the January 2026 New Year’s Eve fire at Le Constellation bar in Crans-Montana, Switzerland, which resulted in 40 fatalities and 116 injuries. It analyzes how the criminal investigation has expanded from the bar’s French owners to local authorities, reflecting broader questions about public liability, regulatory compliance, and governance in Swiss law. Drawing on prosecutorial documents and public records, it explores the legal framework underpinning the charges, the procedural evolution of the investigation, and the implications for Swiss administrative accountability. The paper concludes with comparative insights and policy recommendations for disaster prevention and legal reform.
- Introduction
The January 2026 fire at Le Constellation bar in Crans-Montana, an upscale Alpine resort, marked one of the deadliest peacetime disasters in modern Swiss history. While immediate investigations focused on the bar’s owners, charges have now been formally extended to local officials, including the town’s head of security and a former fire safety officer. This expansion underscores a pivotal shift in the prosecutorial narrative, implicating systemic failures in public oversight. This paper investigates the legal and administrative dimensions of the widening probe, contextualizing it within Swiss legal traditions and international precedents.
- Overview of the Tragedy and Initial Response
The fire occurred on New Year’s Eve 2026 during a crowded party at Le Constellation, a private bar owned by a French-Swiss couple, Jacques and Jessica Moretti. The blaze, exacerbated by flammable materials in the bar’s interior and congested exits, led to an explosion that trapped many attendees. Victims included 30 teenagers and 10 adult patrons, with 67% of the injured requiring hospitalization, primarily for severe burns.
The Swiss Confederation’s initial response was characterized by emergency medical coordination and a public inquiry by the canton of Valais. However, victims’ attorneys and civil society groups quickly demanded a broader investigation into regulatory compliance, particularly the role of Crans-Montana’s municipal authorities in enforcing safety standards.
- Legal Framework: Liability and Public Safety Regulations in Switzerland
Swiss criminal law, under Art. 114a of the Criminal Code, allows for prosecution of individuals or entities responsible for fahrlässige Tötung (negligent homicide). This charge requires proof of a breach of a duty of care resulting in death or grievous harm.
Municipalities, as public authorities, are bound by the Canton Valais Fire Safety Ordinance and the [Federal Act on the Protection of Persons and Property from Fire Dangers](BFSO, 1963). These mandate annual inspections of commercial spaces, particularly in high-risk sectors such as hospitality. The town of Crans-Montana’s admission of missing “multiple annual safety checks” at Le Constellation has become central to the prosecutorial case.
- Prosecution Expansion: From Private to Public Liability
4.1 Summons for Local Officials
On January 29, 2026, prosecutors in Valais issued formal summonses to:
The town’s head of security (February 6 hearing): Allegations focus on lapses in routine safety inspections and failure to address fire risks.
A former fire safety officer (February 9 hearing): Dismissed in 2024 after reportedly flagging concerns about the bar’s emergency exits.
These individuals are designated as “defendants” in the case, with prosecutors citing “failings in the duty to enforce regulations” that “endangered lives and physical integrity.”
4.2 Rejection of Municipal Claims
The Valais prosecutor’s office rejected Crans-Montana’s request to be declared a plaintiff, stating:
“There are reasons to believe the municipality failed in its regulatory duties, with culpability potentially attributable to staff and council members.”
This decision aligns with Swiss jurisprudence, such as the 2010 Case of the Geneva Theater Fire, where local authorities were held partially liable for inadequate fire marshals.
4.3 Role of the Bar Owners
The Morettis remain under investigation for negligent homicide and dangerous handling of explosives. Their legal team asserts cooperation but has not commented on direct liability. The case contrasts with 2019’s Zurich Nightclub Collapse, where private liability was swiftly established without implicating public officials.
- Contextual Analysis: Governance and Public Trust in Switzerland
Switzerland’s administrative system emphasizes subsidiarity, where local municipalities hold significant regulatory power. The Crans-Montana case has exposed tensions between this decentralized model and the need for standardized safety oversight.
5.1 Political and Social Reactions
Victims’ Families: Advocate for broader accountability, with one spokesperson stating, “We ask not only for justice for the dead but for systemic reform to prevent future tragedies.”
Tourism Sector: The fire has undermined Switzerland’s reputation as a secure tourist destination, with 60% of insurers in Valais reporting increased liability premiums for hospitality businesses.
5.2 International Dimensions
Six Italian nationals died in the fire, straining bilateral relations. The Italian government has requested Swiss cooperation in the investigation, invoking the EU-CHIA Safety Treaty. This incident mirrors the 2017 Bergamo Nightclub Fire in Italy, where local officials were convicted alongside venue owners.
- Comparative Perspectives
6.1 Europe’s Approach to Public Liability in Disasters
United Kingdom: The 2017 Grenfell Tower Inquiry led to the prosecution of 12 public officials for “systemic failures” in fire safety.
Germany: Following the 2012 Stuttgart Night Market Fire, the German Federal Court held local authorities fully liable for insufficient crowd control.
These cases contrast with Switzerland’s limited precedent for prosecuting local officials, suggesting a gap between European legal norms and Swiss practice.
- Implications for Swiss Law and Policy
7.1 Reform of Inspection Protocols
The case highlights the need for:
National fire safety audits for Alpine tourism areas.
Mandatory training for municipal inspectors in high-risk sectors.
7.2 Expansion of Vicarious Liability
The potential conviction of public officials could set a precedent for holding Swiss municipalities vicariously liable in future disasters, aligning with the 2023 Federal Supreme Court Ruling on Childcare Center Negligence (Case No. 4A_203/2023).
7.3 International Tourism and Liability
Switzerland may face cross-border legal claims from foreign victims, necessitating alignment with the EU Rome IV Regulation on jurisdiction in transnational tort cases.
- Conclusion
The Crans-Montana fire litigation represents a landmark in Swiss legal history, challenging the boundaries between private and public liability. By holding both private business owners and local officials accountable, Swiss courts risk setting a precedent that could reshape administrative law across the country. The case also underscores the interconnectedness of governance, tourism, and transnational legal cooperation in a globalized world. Future research should examine the judicial outcomes of this case and its impact on international safety standards in high-altitude tourism.
References
Swiss Criminal Code (1937), Art. 114a.
Canton Valais Fire Safety Ordinance.
Federal Act on the Protection of Persons and Property from Fire Dangers (1963).
Reuters Reports, January 2026.
Grenfell Tower Inquiry Report (2019).
Zurich Nightclub Collapse Verdict (2020).
European Union Regulation No 864/2007 (Rome IV).
Case Law: 4A_203/2023 (Swiss Federal Supreme Court).