Questão jurídica principal
Whether the cantonal court had to impose a life sentence for murder instead of 20 years' imprisonment
Decisão extraída
A life sentence was not required; the 20-year term fell within the sentencing court's discretion.
Fundamentação extraída
Art. 40 StGB sets a maximum fixed term of 20 years and a life sentence only where the statute expressly provides. Under Art. 47 StGB the court may weigh all relevant factors; the federal court will intervene only for legal error or abuse of discretion. The lower court assessed both offense and offender factors and was entitled to impose 20 years as appropriate.