Kernrechtsfrage
Whether the killing had to be qualified as passion killing rather than assassination because of emotional disturbance under Art. 48(1)(c) and Art. 113 CP.
Extrahierter Entscheid
The mitigating circumstance of excusable violent emotion is incompatible with assassination, but it does not automatically require passion killing; on the facts, the state of emotion was not excusable and assassination remained the proper qualification.
Extrahierte Begründung
The Court held that Art. 113 CP and Art. 112 CP are mutually exclusive. It then applied the established objective test for excusable emotion and found that the relationship context and sexual pressure, although relevant, did not make the defendant's emotional state excusable or his lethal violence comprehensible.