Questione giuridica chiave
Whether the sentence for intentional homicide could be reduced below the statutory minimum because of the time elapsed and the defendant's good conduct.
Decisione estratta
The appeal court's sentence reduction did not violate federal law; although the time basis was debated, the appeal would fail in any event because by the time of a new judgment the conditions for mitigation could be met.
Motivazione estratta
Art. 48 lit. e StGB is tied to the healing effect of time and good conduct; as a rule two thirds of the limitation period should have elapsed, but an exception may be justified by the nature and gravity of the offense. Given the procedural posture, a new decision would occur later and would then satisfy the temporal requirement, so the sentence need not be altered.