Kernrechtsfrage
Whether the killing should be qualified as assassination rather than murder under Art. 112 CP.
Extrahierter Entscheid
The act did not clearly exceed murder by the necessary margin; the cantonal court could retain murder because the motive, manner of acting, and post-offense conduct did not establish the special lack of scruples required for assassination.
Extrahierte Begründung
The motives were inconsistent but arose in a real conflict marked by alcohol and emotional tension. The brutal throat-cutting was odious, yet no intention to inflict particular suffering was established, and the post-offense conduct remained equivocal. The assessment was therefore not contrary to federal law.