Attempted Threat by Announcement of Suicide

Facts

The case concerns a man ([X.] ) who in August 2008 told his then estranged wife ([Y.] ) that he was going home, loading up, and not coming back. The High Court of the Canton of Aargau found [X.] guilty of attempted threat under Art. 180 para. 2 lit. a in conjunction with Art. 22 para. 1 SCC on 24 January 2012 and sentenced him to a fine of CHF 80.--.

Considerations

The DFC upheld the conviction for attempted threat. The announcement to a close person that one intends to take one's own life is capable of causing that person fear or alarm. Although [Y.] was apparently not frightened or alarmed in the manner required by Art. 180 SCC, as she waited almost two years before filing a complaint and the reason for the complaint was not the suicide threat but an insult and SMS message. Nevertheless, [X.] had acted at least with indirect intent, as he was aware of the possibility that his announcement of suicide could significantly impair the sense of security of his then wife and cause…