Facts
The appellant X. was found guilty by the Criminal Court of the Canton of Lucerne on November 26, 2010 of (eventual) intentional homicide under Art. 111 of the Swiss Criminal Code (StGB), committed in excess of self-defense under Art. 15 and Art. 16 para. 1 StGB, and sentenced to a custodial sentence of four years. The Higher Court of Lucerne acquitted X. of all charges on June 20, 2011 in granting his appeal.
On August 30, 2012, the Federal Supreme Court upheld the appeals of the public prosecutor's office and of A., B.D. and C.D. (private plaintiffs) regarding the acquittal of the charge of intentional homicide committed in excess of self-defense, and remanded the case for re-evaluation to the lower court.
On September 17, 2013, the Cantonal Court of Lucerne found X. guilty in written proceedings of (eventual) intentional homicide under Art. 111 StGB, committed in excess of self-defense under Art. 15 and 16 para. 1 StGB, and imposed a custodial sentence of three years, two years of which were suspended. The Federal Supreme Court upheld X.'s appeal against this decision on September 18, 2014, insofar as it was admissible, and remanded the case for a new decision to the lower court.
In its judgment of December 2, 2014, the Cantonal Court confirmed the guilty verdict for (eventual) intentional homicide under Art. 111 StGB, committed in excess of self-defense, and reduced the custodial sentence to 30 months, 22 months of which were suspended.
Considerations
The Federal Supreme Court states that the legal qualification as intentional homicide under Art. 111 StGB, committed in excess of self-defense, is no longer in dispute. The Higher Court had indeed concluded in its judgment of June 20, 2011 as an interim finding that a homicide offense under Art. 111 et seq. StGB was present, but had left the exact legal qualification open. Since only the public prosecutor's office and the victim's relatives filed an appeal, the Federal Supreme Court did not have to address this issue.
The Federal Supreme…