Facts
The Jury Court of the Canton of Zurich sentenced X. to 6 years' imprisonment for the intentional killing of her daughter A. The Office of the Attorney General of the Canton of Zurich appealed against this judgment and requested a higher sentence. The Federal Supreme Court had to assess whether the lower court had rightly taken into account the diminished mental capacity of X. as a mitigating factor. The Federal Supreme Court concluded that the lower court had imposed too lenient a sentence.Considerations
The Federal Supreme Court stated that in cases of diminished mental capacity under Art. 19(2) of the Swiss Criminal Code, the sentence must be reduced. The degree of culpability must be evaluated, taking into account the diminished mental capacity. The court must explain in the judgment to what extent the diminished mental capacity has a mitigating effect on the sentence. The overall assessment of the degree of culpability must be stated in the judgment, so that it can be reviewed whether the resulting sentence is appropriate and in line with the statutory sentencing range. A purely mathematical reduction of the sentence based on diminished mental capacity is to be rejected, as the judge has a margin of discretion in how he or she takes the…