Kernrechtsfrage
Whether participation in a riot under Art. 133 CP requires that all other active participants also be convicted.
Extrahierter Entscheid
No. A riot requires at least three active participants in a mutual brawl, but it is not necessary that all of them be convicted; acquittal or non-prosecution of others does not make the conduct lawful.
Extrahierte Begründung
The court distinguished riot from assault: riot presupposes a reciprocal fight involving at least three persons. The punishable conduct is participation in the brawl, while injury is a condition of punishability. The law does not require conviction of every participant.