Facts
On 15 February 2010, [A.Z.] , [C.Z.] , [B.Z.] , and [J.] met on the ground floor of the apartment building at Strasse [X.] in [W.] . They went to the apartment of [K.] , from which noises and screams were audible. [L.Y.] , [I.Y.] , and [M.] were in the apartment. [M.] had been mistreated and tied up by the [Y.] brothers. After knocking on the door and [I.Y.] opening it, a physical altercation occurred between the two groups. In the course of this fight, [A.Z.] inflicted a stab wound (max. 10 cm deep and 3 cm wide) on [L.Y.] in the left chest area, from which [L.Y.] died.
The High Court of the Canton of Zurich found [A.Z.] guilty of eventual intentional homicide and brawl, [B.Z.] guilty of multiple attempted serious bodily harm and brawl, and [J.] (with the finding that the first-instance acquittal of the charge of multiple aiding and abetting had become final) guilty of brawl in the second instance.
Considerations
The Federal Court combines several proceedings if they are closely related in terms of subject matter, namely, if they are directed against the same decision and if they involve the same parties and similar or identical legal issues.
Appellant 1 accuses the lower court of having arbitrarily evaluated the facts and violated the presumption of innocence. Appellant 2 raises the same objections. The Federal Court bases its judgment on the facts established by the lower court. The lower court's findings of fact can only be challenged if they are obviously incorrect or based on a violation of the law within the meaning of Art. 95 FSCA, and if rectifying the defect can be decisive for the outcome of the proceedings.
Appellant 2 was found guilty of multiple simple bodily harm in the…