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Swiss Criminal Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 21 December 1937 (Status as of 1 January 2022)

Art. 123154

Com­mon as­sault

 

1. Any per­son who wil­fully causes in­jury to the per­son or the health of an­oth­er in any oth­er way shall be 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).155

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,156

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,157 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.158

154Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 24492456; BBl 1985 II 1009).

155 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 34593535; BBl 1999 1979).

156 In­ser­ted by No I of the FA of 3 Oct. 2003 (Pro­sec­u­tion of Of­fences with­in Mar­riage or Re­gistered Part­ner­ships), in force since 1 April 2004 (AS 2004 14031407; BBl 2003 19091937).

157 In­ser­ted by An­nex No 18 of the Same-Sex Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 20055685; BBl 2003 1288).

158 Ori­gin­ally para. 4. In­ser­ted by No I of the FA of 3 Oct. 2003 (Pro­sec­u­tion of Of­fences with­in Mar­riage or Re­gistered Part­ner­ships), in force since 1 April 2004 (AS 2004 14031407; BBl 2003 19091937).