Facts
This case involved a fatal altercation between [Y.] and [D.] . [Y.] was found guilty by the Criminal Court of the Canton of Lucerne of (eventual) intentional homicide, committed in excess of self-defense, and sentenced to a prison term of four years. However, the Higher Court of the Canton of Lucerne acquitted [Y.] of all charges.
The Public Prosecutor's Office as well as [A.X.] , [B.X.] and [C.X.] (relatives of the victim [D.] ) appealed against this acquittal. The Federal Supreme Court overturned the acquittal of the charge of intentional homicide, committed in excess of self-defense, and remanded the case for a new assessment by the lower court.
Considerations
The Federal Supreme Court concluded that while [Y.] acted in a situation of self-defense, he exceeded the limits of self-defense. It should be considered that [Y.] did not attempt to defend the attack by [D.] with a less dangerous means, such as using a knife against the legs, before striking with considerable force on his upper body.
The Federal Supreme Court stated that an excusable agitation or consternation within the meaning of…