Facts
This case concerns an individual (the respondent) who was arrested by the police at the Lausanne train station. During his arrest, he was searched and a pistol was taken from him. While being escorted to the police station, the respondent managed to free himself from the officers' grip and seized the pistol he was still wearing on his belt, loaded and uncocked. He then pointed the weapon towards the abdomen of one of the officers, at a distance of about 50 cm, before a shot was fired unintentionally without injuring anyone.
The cantonal authority initially considered that the circumstances of the act did not indicate a lack of scruples on the part of the respondent, a necessary condition for establishing endangerment of life (Art. 129 SCC). However, the Federal Tribunal ruled that the established facts allowed the conclusion that the respondent had consciously exposed the police officers to an imminent risk of death, thus fulfilling the objective conditions of the offence.
Considerations
According to case law, the lack of scruples characterizes any endangerment whose motives must be morally disapproved. The greater the known danger to the perpetrator and the less worthy his motives, the more evident the lack of scruples appears.
In this case, the Federal Tribunal considers that the risk of death was such that the respondent, by…