Questão jurídica principal
Whether Art. 5 aCP gave Swiss authorities jurisdiction over the foreign offense against a Swiss victim.
Decisão extraída
No. The provision was not applicable because no concrete indication showed that the potential offender was in Switzerland or could be extradited there.
Fundamentação extraída
Swiss extraterritorial jurisdiction under Art. 5 aCP is subsidiary and strictly construed; it requires the offender's presence in Switzerland or extradition, not merely the fact that the victim was Swiss and a homicide was alleged.