Facts
The appellant A. is accused of repeatedly urging B. between approximately September 3, 2018 and the end of December 2018 to kill his partner C., his ex-girlfriend D., and A. himself by shooting. For the purpose of the killings, A. is said to have shown B. several firearms and instructed him to wear gloves during the commission of the act. As a reward for the three killings, he is said to have promised B. 100,000 to 300,000 Swiss francs.
On April 30, 2020, the District Court of Zurich found A. guilty of multiple attempted incitement to multiple homicide. On May 25, 2021, the Cantonal Court of Zurich upheld the convictions for multiple attempted incitement to multiple homicide.
A. has filed a criminal appeal and requests that the lower court's judgment be set aside with regard to the convictions for multiple attempted incitement to multiple homicide. The criminal proceedings should be dismissed for lack of jurisdiction with regard to the accusation of attempted incitement to homicide.
Considerations
The Federal Supreme Court decides that attempted incitement under Art. 24 para. 2 of the Swiss Criminal Code constitutes an independent offense and thus establishes an independent basis for territorial jurisdiction. This is determined according to Art. 8 para. 2 of the Swiss Criminal Code, i.e., based on the place of the inciter's actions and the place where the (incitement) result was intended to occur according to the inciter's…