Facts
The appellant, [A.X.] , was convicted by the Appellationsgericht of the canton of Basel-Stadt for the intentional killing of his son, [B.X.] , and sentenced to 7 years' imprisonment. The appellant had picked up his son from a karate training session and driven home with him. When the son felt unwell, he spent the night in bed with the appellant. Between 9 and 10:30 p.m., the appellant awoke with suicidal thoughts and took a bread knife. When the son saw him, he ran back into the room in fright and held a pillow over his face. The appellant followed him and lay on top of the son, pressing the pillow onto the son's face, which led to his suffocation.
The appellant requested that the judgment be overturned and that he be acquitted of the charge of intentional killing. He claimed that he had not acted intentionally and that the act was a tragic accident.
Considerations
The Federal Court dismissed the appeal and upheld the judgment of the Appellationsgericht. It concluded that the appellant had conditionally intentionally caused the death of his son. The court found that the appellant must have lain on top of his son's chest with his full weight and that the violent act of pressing the pillow onto the son's face and the compression of the chest had led to his suffocation.
The court also rejected the appellant's argument that he had no…