Facts
The appellant [X.] was found guilty by the Federal Criminal Court of attempted qualified arson as well as endangerment through explosives and toxic gases with criminal intent. He was sentenced to 4 years' imprisonment. At an event in [A.] in Bern on 4 August 2007, a security officer noticed a backpack from which the smell of gas or petrol was emanating. Shortly after he had carried the backpack outside, it ignited in a high jet flame. The fire was extinguished by those present, and no damage was caused. [X.] was charged with endangerment through explosives and toxic gases with criminal intent, attempted criminal damage, attempted arson, and punishable preparatory acts.Considerations
The Federal Supreme Court upheld the guilty verdict of the Federal Criminal Court for attempted qualified arson under Art. 221(2) in conjunction with Art. 22(1) SCC. Although there was no conflagration and no concrete danger to life and limb, the subjective elements of the offence were fulfilled. The Federal Supreme Court found it proven that the appellant was aware of the concrete danger of a conflagration and also intended it. The appellant had also at least…