Facts
The case concerns an Italian construction worker named Zulli, who lived and worked in Switzerland in 1965. Zulli got into a dispute with some of his compatriots from San Lorenzo, who were also working in the same construction group as him. The tensions between Zulli and the other workers from San Lorenzo increased over the course of the summer of 1965, as Zulli felt entitled to give them instructions in the absence of the foreman, which the others did not accept.
On July 14, 1965, a physical altercation occurred between Zulli and one of his compatriots named Vincenzi, in which Vincenzi injured Zulli's head with a bucket. Thereafter, Zulli unsuccessfully asked his superiors to transfer him to another work group. The tensions persisted, and the four workers from San Lorenzo tried to intimidate Zulli through threats, sharpening of knives, and unsettling stories from their homeland.
On August 21, 1965, Zulli bought a bread knife with a 15 cm long, pointed blade to defend himself against his compatriots. On August 28, 1965, Zulli encountered Vincenzi and Armentano, two of the workers from San Lorenzo, on the street in Wohlen. A brief exchange of words ensued, whereupon Zulli suddenly drew the knife and fatally stabbed Vincenzi in the chest. When Armentano tried to wrest the knife from him, Zulli also stabbed him, but Armentano was rescued with serious injuries.
Considerations
The Jury Court of the Canton of Aargau sentenced Zulli to 13 years of penitentiary for intentional homicide and attempted murder, as it did not consider the prerequisites for self-defense or putative self-defense to be fulfilled.
The Federal Supreme Court upheld this decision. It stated that an immediate threat to life or limb only…