Questione giuridica chiave
Whether the killing should be qualified as intentional homicide or manslaughter under Art. 113 StGB
Decisione estratta
The conviction for intentional homicide stands; the requirements for an excusable violent emotion or grave mental distress were not met.
Motivazione estratta
The defendant was in an emotional state, but the provocation was not objectively sufficient and he shared responsibility for the escalation. His burden did not amount to a grave mental distress within Art. 113 StGB.