311.0
STGBCP
CH
CH
Art. 16 Schweizerisches Strafgesetzbuch (StGB)
StGB; Erster Teil: Verbrechen und Vergehen; Zweiter Titel: Strafbarkeit; 3. Rechtmässige Handlungen und Schuld.; Entschuldbare Notwehr
Art. 16 StGB
Überschreitet der Abwehrende die Grenzen der Notwehr nach Artikel 15, so mildert das Gericht die Strafe.
Überschreitet der Abwehrende die Grenzen der Notwehr in entschuldbarer Aufregung oder Bestürzung über den Angriff, so handelt er nicht schuldhaft.
Gerichtsentscheide zu dieser Bestimmung (223)
50/2019/24 · sh (Art. 16 StGB)
Attempted Homicide by Mentally Ill Defendant Using Chainsaw
Cited as a potential ground for mitigation if self-defense boundaries were exceeded, but ultimately not applied for justification.
AbR.2010.11.Nr.15 · ow (Art. 16 Abs. 1 StGB)
Excessive Self-Defense and Attempted Intentional Homicide
Used to convict the accused of attempted intentional homicide in excess of self-defense in the second phase of the altercation.
AbR.2010.11.Nr.15 · ow (Art. 16 Abs. 1 StGB)
Excessive Self-Defense and Attempted Intentional Homicide
Used to convict the accused of simple bodily harm in excess of self-defense in the first phase of the altercation.
SB240262 · zh (Art. 16 Abs. 1 StGB)
Attempted Aggravated Assault Conviction Upheld, Sentence Reduced for Excessive Self-Defense
The court acknowledged the application of this provision concerning excessive self-defense (Notwehrexzess) to mitigate the sentence.
SB230356 · zh (Art. 16 Abs. 1 StGB)
Appellate Review of Rape and Other Felony Convictions: Sentence Increase and Partial Acquittal
Provision used to confirm the conviction for attempted grievous bodily harm under the application of excessive self-defence (Notwehrexzess).
460.24.67 · bl (Art. 16 Abs. 1 StGB)
Appeal Against Severe Bodily Harm Conviction - Sentence Reduction, Banishment Upheld
Cited in relation to the exception for excusable self-defense.
SB240049 · zh (Art. 16 Abs. 1 StGB)
Excessive Self-Defense Justifies Attempted Homicide Conviction
This provision is applied to qualify the perpetrator's actions as excessive self-defense, which does not lead to acquittal but influences sentencing.
SB240134 · zh (Art. 16 Abs. 1 StGB)
State v. Defendant (Attempted Aggravated Battery Acquittal on Self-Defense Grounds)
Cited in the context of exceeding the limits of self-defense (although ultimately not applied for conviction).
SB240134 · zh (Art. 16 Abs. 2 StGB)
State v. Defendant (Attempted Aggravated Battery Acquittal on Self-Defense Grounds)
Cited in the context of exceeding the limits of self-defense (although ultimately not applied for conviction).
SB240010 · zh (Art. 16 Abs. 1 StGB)
Attempted Aggravated Assault and Excessive Self-Defense Sentence Review
This provision is cited in the guilty verdict, acknowledging its relevance for sentencing due to excess in self-defense, although the court noted it doesn't belong in the main operative clause regarding guilt.
SB230533 · zh (Art. 16 Abs. 2 StGB)
Appellate Court Affirms Reduced Fine on Unchallenged Battery; Acquits on Assault and Battery Due to Excusable Excess of Self-Defense
The acquittal for simple bodily harm was based on finding an excusable excess of legitimate defense (entschuldbarer Notwehrexzess).
SK 2023 115 · be (Art. 16 Abs. 4 StGB)
Switzerland v. Defendant: Homicide, Attempted Homicide, and Child Sexual Offenses
Cited in section V, point 8, authorizing premature deletion of the DNA profile.
S2 2023 35 · zg (Art. 16 Abs. 1 StGB)
Mother Acquitted on Appeal of Battery Against Sons Due to Self-Defense Justification
Applied to determine that pulling hair and striking were excessive use of self-defense (Notwehrhilfeexzess), meaning the acts were intentional but exceeded permissible limits.
S1 2023 21 · zg (Art. 129 StGB i.V.m. Art. 16 Abs. 1 StGB)
Endangerment, Narcotics, and Weapons Conviction Upheld on Appeal
The defendant was convicted of repeated endangerment of life in putatively excessive self-defense.
SK1 2023 19 · gr (Art. 15 StGB i.V.m. Art. 16 Abs. 1 StGB)
Attempted Aggravated Assault in Excess of Justifiable Defense and Narcotics Violation Appeal
The conviction for attempted grievous bodily harm was committed in an excess of legitimate defense pursuant to this provision.