Facts
The appellant was convicted by the Assize Court as a co-perpetrator of qualified arson under Art. 221 para. 2 of the Swiss Criminal Code and at the same time as an instigator of this crime. The case involves an arson in a barracks, where the appellant took the initiative, devised the plan for the act, distributed the roles, and gave his brother Gottfried instructions on the execution.
The fire spread very quickly and endangered the residents housed in the side wings, some of whom were already asleep. The Assize Court found that the appellant was aware of this specific danger to the life and limb of the residents.
Considerations
The Federal Supreme Court upheld the conviction of the appellant as a co-perpetrator. The decisive factor is not the participation in the act of execution, but the extent of the culpable will. The appellant was significantly involved in the organization and preparation of the act and played a leading role as the intellectual author of the plan.
Regarding the incitement, the Federal Supreme Court concluded that this is subsumed within the co-perpetration and therefore no separate punishment is required. A concurrence…