Key legal question
Whether the appellant could still challenge the finding that his self-defense was excessive and whether an excusable state of excitement or shock excluded punishment under Art. 33(2) CP.
Extracted holding
The challenge to the excessive nature of the self-defense was inadmissible because it had already been definitively decided in the prior cassation proceedings; the appellant also failed to show any excusable excitement or shock caused by the attack.
Extracted reasoning
On remand, the cantonal court was bound by the earlier Federal Court decision and could only address open points. The facts established that the appellant expected a violent confrontation, was armed, went toward the other group, and reacted immediately, so no legally relevant surprise or excusable emotional state was shown.