Legislator Case Law & Legislation
21 07 70 • KG LU 21 07 70 AI generated

Spousal Homicide in Public Underpass

Case Number 21 07 70
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The appellant fatally stabbed his estranged wife multiple times in a train station underpass after she resisted him, causing death through a massive stab wound to the chest, motivated by his extreme anger and desire to punish her for refusing the obedience he felt she owed him as his wife, compounded by her prior separation, removal of their son, obtaining a protective order, and using pepper spray against him. The court reasoned that this motive, characterized as crassly egoistic and reprehensible, coupled with the particularly reprehensible and brutal method of execution involving numerous stab wounds to the head, arms, and back despite resistance, constituted murder under the relevant penal code article, irrespective of any cultural background, as the evaluation must focus on the ethical quality of the individual's concrete actions and extreme disregard for human life.

Legislator headnote

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Art. 112 StGB; Spousal Homicide in Public Underpass: The court reasoned that this motive, characterized as crassly egoistic and reprehensible, coupled with the particularly reprehensible and brutal method of execution involving numerous stab wounds to the head, arms, and back despite resistance, constituted murder under the relevant penal code article, irrespective of any cultural background, as the evaluation must focus on the ethical quality of the individual's concrete actions and extreme disregard for human life.

Keywords

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murder death of spouse aggravated case innocent spouse death penalty contributory negligence of the victim Art. 112 StGB. Mord am Ehegatten. | Strafrecht

Cited Legislation

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Cited Case Law

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Key legal questions extracted by Legislator

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Art. 112 StGB

The court qualified the intentional killing as murder based on this article, as stated in the final ruling summary.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · II. Kammer Rechtsgebiet: · Strafrecht Entscheiddatum: · 17.10.2007 Fallnummer: · 21 07 70 LGVE: · 2008 I Nr. 47 Leitsatz: · Art. 112 StGB. Mord am Ehegatten. Rechtskraft: · Diese Entscheidung ist rechtskräftig.