Questão jurídica principal
Whether the respondent's conduct constituted impossible attempt of murder under Art. 23 CP rather than completed murder
Decisão extraída
Because the cantonal findings bound the Court, the victim was already dead when the respondent acted; the intended killing was absolutely impossible due to the object's condition, so Art. 23 CP applied.
Fundamentação extraída
The federal court held that the appellant's argument relied on a different factual hypothesis. On the binding facts, the respondent had the intent to kill a person he believed alive, but the victim had already died from the horse kicks. Since there was no causal link between his act and the death, completed murder was excluded; the impossibility was absolute because the object was already dead.