Attempted Homicide and Endangerment of Life in a Traffic Accident

Facts

Parties: Accused (X.) and the Attorney General as well as the Higher Court of the Canton of Bern.

Facts: On February 1, 2004, a lateral collision occurred on the A5 motorway between Grenchen and Solothurn between the accused's vehicle (Renault 19) and a VW Golf. The collision was intentionally caused by the accused. Both vehicles skidded but could be stabilized by the drivers. There were no injuries, but material damage to both vehicles.

Proceedings: The District Court III of the Aarberg-Büren-Erlach judicial district sentenced the accused to 2 ½ years of imprisonment for attempted intentional homicide, gross violation of traffic rules, and negligent behavior after an accident. The Higher Court of the Canton of Bern increased the sentence to 4 ½ years of imprisonment. The accused filed a constitutional and federal appeal.

Considerations

The Federal Supreme Court examined whether the accused had acted with indirect intent, which would have been required for a conviction for attempted intentional homicide. Indirect intent exists when the perpetrator considers the occurrence of the result possible and accepts it. The Federal Supreme Court found that the accused knew that the collision could have serious consequences, but due to the circumstances, could rely on the driver of the other vehicle being able to control the skidding. Therefore, there was no indirect intent, and the conviction for attempted intentional homicide was…