Question juridique clé
Whether the conviction for multiple endangerment of life under Art. 129 StGB had to be set aside because the subjective element, especially scrupulousness, was missing.
Solution extraite
The conviction was upheld: aiming a loaded, cocked revolver at several persons in order to stop them was objectively and ethically unjustifiable and therefore scrupulous; diminished responsibility did not exclude this.
Motifs extraits
The court held that direct intent as to the immediate danger was established on the facts found by the lower court, which were binding under Art. 105(1) BGG. Scrupulousness is assessed by ethical standards and may coexist with reduced imputability or states such as anger, alcohol influence, or a difficult psychological condition; such factors are relevant mainly to sentencing.