Facts
The case concerns a man, [S.], who killed his partner, Frau [R.], in a fit of rage after an evening of drinking and discussing their common future. [S.] had met Frau [R.] in November 1978 and had started a relationship with her, despite his reservations about her unstable character and alcoholism. On January 29, 1979, Frau [R.] had come to S.'s home to retrieve some clothes and they had drunk alcohol together. The conversation had turned into a dispute and [S.] had lost control, killing Frau [R.] with a cord.
The court of first instance had sentenced [S.] to six years in prison for intentional homicide, with probation and treatment in a special institution. [S.] appealed, requesting that his act be considered a passionate homicide, which would have reduced his sentence.
Considerations
The Federal Court examined the question of whether the violent emotion that had driven [S.] to kill Frau [R.] was excusable. According to Article 113 of the Swiss Criminal Code, a homicide can be considered a passionate homicide if the person acted under the influence of an excusable violent emotion.
The Federal Court recalled that, according to its case law (ATF 100 IV 151, ATF 82 IV 88), the excusability of the violent emotion assumes that it is not only psychologically explicable but also justified by external circumstances. The person must have acted in a humanly understandable manner, i.e., one must be able to admit…