Questione giuridica chiave
Whether the police shooting that caused grievous bodily injury was justified under Art. 14 StGB and the Aargau police law.
Decisione estratta
The shooting was not justified; a concrete, immediate or otherwise unavoidable danger to third persons was not established, and less intrusive means remained available.
Motivazione estratta
The court held that the nearby risk to uninvolved third persons was too remote and speculative. The officer could not rely on an imminent danger requiring immediate firearm use, especially given the available police personnel and vehicles.