Swiss Criminal Code

1. Any per­son who wil­fully causes in­jury to the per­son or the health of an­oth­er in any oth­er way is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

In minor cases, the court may im­pose a re­duced pen­alty (Art. 48a).²

2. The pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty, and the of­fend­er is pro­sec­uted ex of­fi­cio,

if he uses pois­on, a weapon or a dan­ger­ous ob­ject,

if he com­mits the act on a per­son, and in par­tic­u­lar on a child, who is un­able to de­fend him­self, or is un­der his pro­tec­tion or in his care.

if he is the spouse of the vic­tim and the act was com­mit­ted dur­ing the mar­riage or up to one year after di­vorce,³

if he is the re­gistered part­ner of the vic­tim and the of­fence was com­mit­ted dur­ing the peri­od of the re­gistered part­ner­ship or up to a year after its dis­sol­u­tion,⁴ or

if he is the het­ero­sexu­al or ho­mo­sexu­al part­ner of the vic­tim provided they have at any time co­hab­ited and the act was com­mit­ted at that time or up to one year after sep­ar­a­tion.⁵