Facts
Parties: Public Prosecutor's Office of the Canton of Uri, X., A., B., Attorney Linus Jäggi
Courts: District Court of Uri, Higher Court of the Canton of Uri, Federal Supreme Court
Dates: January 4, 2010, November 12, 2010, October 24, 2012, September 11, 2013, December 10, 2014, April 18, 2016, April 10, 2017
Main case: X. is accused of having fired a targeted shot in the direction of B. on January 4, 2010, and of having planned and carried out an attempted murder of A. on November 12, 2010. The District Court of Uri sentenced X. to 10 years' imprisonment. The Higher Court increased the sentence to 15 years. The Federal Supreme Court partially overturned the judgment and remitted the case. In the renewed hearing, X. was only convicted of endangering life and violation of the Firearms Act.
Considerations
Binding effect of remittal decisions: The Federal Supreme Court partially upheld X.'s appeal and overturned the judgment of the Higher Court. The lower court had to deal with the evidence again after the remittal. The lower court was entitled to make a new assessment of the evidence, as the facts of the case were not definitively established. The binding effect of the Federal Supreme Court's remittal decision was not violated, as the lower court based its legal assessment on the Federal Supreme Court's judgment.
Evidence assessment in the remittal proceedings: The lower court was entitled to gather new evidence in the remittal proceedings, as the principle of truth and investigation also applies in the appeal proceedings. The lower court gathered additional evidence that could have been gathered in an earlier stage of the proceedings if it served the discovery of the truth. The…