Physical Assault: What Does Swiss Criminal Law Say?

Types of Offences

The Swiss Criminal Code (CP) provides a graduated scale from simple assault to murder.

Simple Assault (art. 126 CP)

Physical attacks causing neither bodily harm nor damage to health (e.g. slap, push). Punished with a fine. Prosecuted upon complaint, except when committed against a spouse, partner or child (prosecuted ex officio, art. 126 para. 2 CP).

Minor Bodily Harm (art. 123 CP)

Harm to bodily integrity or health not qualifying as serious. Up to three years or monetary penalty. Prosecuted upon complaint in principle, but ex officio in certain cases (use of weapons, defenceless victim, domestic violence - art. 123 ch. 2 CP).

Serious Bodily Harm (art. 122 CP)

Harm endangering life, causing mutilation, permanent disability, incapacity for work, mental illness or serious disfigurement. Six months to ten years imprisonment. Always prosecuted ex officio. ATF 134 IV 189 specifies "danger to life" must be assessed objectively based on medical expertise.

Bodily Harm Through Negligence (art. 125 CP)

Up to three years or monetary penalty. Minor harm: upon complaint only. Serious harm: ex officio.

Self-Defence (art. 15 CP)

Anyone unlawfully attacked may repel the attack by proportionate means. Excess may lead to penalty mitigation (art. 16 para. 1 CP). Excusable excess is not punishable (art. 16 para. 2 CP). ATF 136 IV 49 requires proportionality and no reasonable possibility of avoidance.

Complaint and Procedure

Victim must act within three months for complaint offences (art. 31 CP). May join as private claimant (art. 118 CrimPC) and claim damages within criminal proceedings (art. 122 CrimPC). Victim assistance available under the VACA.