Key legal question
Whether the killing should be qualified as assassination rather than murder under Art. 112 CP.
Extracted holding
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.
Extracted reasoning
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.