Facts
The appellant [X.] was sentenced by the High Court of the Canton of Zurich to a prison term of 16 years for multiple attempted murder and qualified simple bodily harm. The appellant had administered medication to his daughter, who was born before the calculated due date, multiple times, which led to an acute life-threatening situation for the child. The appellant requested the reversal of the judgment and his acquittal of the charge of multiple attempted murder.
The Federal Court upheld the appeal and reversed the judgment of the High Court. The case was remanded to the lower court for re-trial.
Considerations
The Federal Court found that the lower court had not correctly conducted the evaluation of evidence and legal conclusions. The lower court had not sufficiently considered the appellant's knowledge and intent, and had not correctly evaluated the evidence.
The Federal Court also found that the lower court had violated the provisions on the admissibility of evidence by conducting the interviews of private plaintiff 2 without the…