Facts
The X. family was feuding with the neighboring [A.] family living in the same apartment building. One day, Hans X. discussed this problem with his pyrotechnically interested colleague Y. On the night of August 30 to 31, 1985, [Y.] and [Z.] caused two explosions with property damage to the dining room and balcony window of the [A.] family's apartment by igniting homemade explosive devices. The indictment accused Hans X. of incitement and his wife Brigitte of psychological assistance in this criminal offense.
The High Court of the Canton of Solothurn acquitted Hans X. of the charge of incitement, but convicted [Y.] and [Z.] of endangerment by explosives pursuant to Art. 224 para. 2 of the Swiss Criminal Code (StGB) as well as other offenses, sentencing them to 10 and 5 months' imprisonment (suspended). Brigitte X. was sentenced to 3 weeks' imprisonment (suspended) for aiding and abetting the endangerment by explosives pursuant to Art. 224 para. 2 in conjunction with Art. 25 StGB and another offense.
Considerations
The Public Prosecutor's Office of the Canton of Solothurn filed a nullity appeal against the judgment, as it was of the opinion that the application of Art. 224 para. 2 StGB by the High Court was not correct. The Federal Supreme Court granted the appeal.
Pursuant to Art. 224 para. 1 StGB, anyone who intentionally and with criminal intent endangers the life and limb of persons or the property of others through explosives or toxic gases shall be punished with penitentiary. Paragraph 2 provides for a milder sentence if only property of insignificant extent was endangered. The Federal Supreme…