Facts
The case concerns an incident on August 1, 2019, in which [B.] stabbed [A.] in the upper body with a folding knife. [B.] had previously had an altercation with [D.] in a park in Zurich, during which [D.] had attacked him with a glass object. [B.] then left the scene, armed himself with a knife, and returned. When the unknown [A.] briefly detained [B.] on the street, [B.] stabbed him in the upper body with the knife.
The District Court of Zurich acquitted [B.] of the charge of attempted intentional homicide. The Public Prosecutor's Office appealed, whereupon the High Court of the Canton of Zurich also acquitted [B.] of the charge of attempted intentional homicide. The Office of the Attorney General of the Canton of Zurich then filed a criminal appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court holds that [B.] was in a situation of putative self-defense, as he mistakenly believed that [A.] belonged to [D.] and would attack him again together with him. However, [B.] exceeded the limits of self-defense by injuring [A.] with a knife stab to the upper body, instead of defending himself with milder means.
The Federal Supreme Court denies that [B.] was in an excusable self-defense excess within the meaning of Art. 16 para. 2 of the Swiss Criminal Code. Although [B.] was in an agitated and distressed state due to the previous altercation with [D.] , this…