Facts
On 13 September 1999, X., a 39-year-old man and polytoxicomane for twenty years, attempted to kill his friend Y. by stabbing her in the chest with a letter opener. He then fired at police officers arriving at the scene, injuring one of them. X. was found guilty of attempted murder and endangering the lives of others. The Geneva Assize Court sentenced him to nine years' imprisonment, taking into account his diminished criminal liability and mitigating circumstances.
The Geneva Court of Cassation dismissed X.'s appeal, which solely concerned the sentence. X. appealed to the Federal Tribunal, challenging the determination of the sentence and arguing that the cantonal authority had abused its discretion.
Considerations
The Federal Tribunal recalled the criteria for determining sentences, including the importance of the offense, motives, prior convictions, and the offender's personal circumstances. It also emphasized that diminished criminal liability must lead to a reduction in the sentence, without being required to operate a linear reduction.
The Federal Tribunal examined whether the sentence imposed on X. was in accordance with federal law. It found that the motivation for the sentence contained in the judgment under appeal was insufficient, failing to demonstrate the application of art. 68 SCC and the increase in the sentence based on other offenses.
The Federal Tribunal upheld the appeal under art. 277 FCJA, annulled the judgment under appeal, and remanded…