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Art. 123173
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. 2. The offender shall be prosecuted ex officio,176 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,177 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,178 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.179 173Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 24492456; BBl 1985 II 1009). 174 Second paragraph repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). 175 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). 176 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). 177 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). 178 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). 179 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). |