Question juridique clé
Whether the mitigating circumstance of youth under Art. 64 last para. CP applied to a 19-year-old offender.
Solution extraite
The mitigating circumstance requires both the age threshold and reduced capacity to appreciate unlawfulness; the cantonal court did not abuse its discretion in refusing it here.
Motifs extraits
The court reaffirmed its case law that age and immaturity are cumulative conditions, though the second should be interpreted generously. On the canton court's findings, the appellant understood the unlawfulness of his acts, and the homicide was manifestly unlawful.