Question juridique clé
Whether the robbery was qualified under Art. 139 no. 3 StGB because the victim was placed in life-threatening danger with a dagger.
Solution extraite
Yes. Pressing a hunting dagger to the side of the neck created an objectively executable and concrete life-threatening situation for the victim.
Motifs extraits
The court relied on Federal Supreme Court case law requiring an objectively executable threat that puts the victim in grave mortal danger. It held that the use of a dagger at the neck area, like comparable knife cases, can cause a fatal cut to the neck or blood vessels, and the factual nuance between the throat and the side of the neck was legally irrelevant.