Assaults (Art. 126 CP) are defined as physical attacks that cause little or no pain but exceed what is socially tolerated (ATF 134 IV 189, para. 1.2). This offense involves an infringement on a person’s physical integrity, such as a shove, splashing water on someone, an excessive handshake, or a scratch.
Assaults are punishable upon complaint, except in aggravated cases under Art. 126 para. 2 CP, particularly when the perpetrator repeatedly behaves in such a manner towards a child under their care, their spouse, or partner, in which case the offense will be prosecuted ex officio.
It is a contravention (Art. 103 CP) punishable by a fine of up to CHF 10,000 (Art. 106 CP).
Among the offenses aimed at protecting a person’s integrity, there are also simple bodily harm (Art. 123 CP) or serious bodily harm (Art. 122 CP). The distinction between assault and simple bodily harm is delicate. Indeed, the line can be blurred in cases of abrasions, scratches, or bruises (ATF 134 IV 189, para. 1.3).
Simple bodily harm involves a perpetrator who adopts a dangerous behavior and intentionally inflicts simple bodily harm. Simple bodily harm refers to any injury that is not serious according to Art. 123 CP, meaning it does not endanger a person’s life and does not leave permanent sequelae.
According to case law, in borderline cases, the severity of the inflicted pain must be considered to determine whether the perpetrator's behavior constitutes assault or simple bodily harm. It is crucial to differentiate between assault and simple bodily harm due to the potential penalties. Simple bodily harm represents a felony under Art. 10 para. 3 CP and is punishable by up to three years of imprisonment or a financial penalty, unlike assault, which is only subject to a fine.
The issue also involves the criminal record. The criminal record lists the penalties to which an individual has been sentenced. Art. 18 para. 1 LCJ deals with cases where a Swiss judgment must appear on a person's criminal record, which applies to crimes and offenses. For contraventions, they are only recorded if the fine exceeds CHF 5,000.
In summary, any conviction for simple bodily harm will be recorded on the offender's criminal record. In contrast, assaults will only be recorded if the fine exceeds CHF 5,000.
If you wish to obtain further legal information on this matter, please do not hesitate to contact the Valentin Legal Consultation. We would be happy to welcome you to our offices: either for advice or to benefit from our online services. We are also reachable by phone at 021 351 30 00 and by email at info@cdjv.ch.
Author: Ipcja Albina
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