Facts
The case concerns the conviction of [A.X.] for complicity in attempted grievous bodily harm to the detriment of [Y.] . On 29 May 2010, [A.X.] and his brother [B.X.] were intoxicated in Basel and harassed passers-by. [A.X.] suddenly struck the unknown [Y.] in the face, causing him to fall to the ground. When [Y.] 's colleague tried to separate the combatants, [B.X.] struck [Y.] on the leg with an empty whisky bottle. Thereupon, [B.X.] threw a bicycle at the combatants and finally struck the bottle into [Y.] 's face, causing it to break. Unimpressed by [Y.] 's helpless state, [A.X.] kicked him at least twice in the head and body.
Considerations
The Federal Court confirmed [A.X.] 's complicity in the attempted grievous bodily harm. Although [A.X.] allegedly did not want his brother's intervention, he made his brother's intent his own by not desisting from the victim after the bottle strike, but instead kicking him in the head. Thereby, he approved and made his own his brother's act. A special agreement is not required for complicity, it is sufficient that the perpetrator makes the intent of the…