Facts
In this case, the defendant Stettler had inflicted numerous stab and cut wounds to the head and torso of the victim Egloff using a hard, pointed instrument. Egloff died as a result of these injuries. The Public Prosecutor's Office of the Canton of Zurich brought charges against Stettler for grievous bodily harm with lethal consequences pursuant to Art. 122 para. 2 of the Swiss Criminal Code (StGB).
The Jury Court found Stettler guilty of grievous bodily harm, but denied that he could have foreseen Egloff's death as a consequence of the injuries. The Public Prosecutor's Office filed a petition for annulment with the Federal Supreme Court against this judgment.
Considerations
The Federal Supreme Court concluded that the question of the foreseeability of death was not a question of fact, but a question of law. It therefore examined freely whether Stettler could have foreseen Egloff's death due to the serious injuries.
The Court stated that according to general life experience, a violent blow or stab with a hard, pointed instrument against sensitive body parts is capable of causing a fatal injury. Particularly since Stettler had inflicted at least 30 stab and cut wounds to the victim's head and torso, he must have been able to foresee the possibility of death as a normal consequence of the serious injuries.
The personal circumstances of the defendant, such as…