Facts

The case concerns a negligent homicide and a breach of service regulations. On 16 February 1974, [G.] handled his service weapon in the presence of several young people, including [S.] and H., in his apartment. He loaded and unloaded the weapon several times, then put it away in an unlocked closet with a cartridge in the magazine. Later, [S.] took the weapon and, while playing with it, accidentally killed H. The Bremgarten district court convicted [G.] of negligent homicide, breach of service regulations, abuse of equipment, and non-payment of military tax. The Argovia cantonal court of appeal dismissed G.'s appeal against this judgment.

The key facts are as follows

  • On 16 February 1974, [G.] handled his service weapon in the presence of several young people.
  • He loaded and unloaded the weapon several times, then put it away in an unlocked closet with a cartridge in the magazine.
  • [S.] took the weapon and, while playing with it, accidentally killed H.
  • The Bremgarten district court convicted [G.] of negligent homicide, breach of service regulations, abuse of equipment, and non-payment of military tax.

Considerations

The court considered that [G.] had acted negligently by leaving the weapon loaded and storing it in an unlocked closet. The court also considered that [G.] had breached service regulations by opening personal ammunition without authorization and using it for demonstration purposes.

The court applied articles 18 Abs. 3 StGB, 72 and 73 MCC, as well as article 277bis Abs. 1 BStP. The court considered that [G.] had acted intentionally by opening personal ammunition and using it for…