Conviction for Violence and Threat against Authorities and Officials

Facts

The appellant [X.] was arrested by the Cantonal Police of Zurich and subsequently spat in the face and on the shoulder of the police officer [A.] . The Criminal Court of Basel-Landschaft initially convicted [X.] of breach of the peace, but acquitted him of the charge of violence and threat against authorities and officials. On appeal by [A.] , the Cantonal Court of Basel-Landschaft overturned the first-instance judgment and convicted [X.] of violence and threat against authorities and officials. The Federal Supreme Court then had to decide on the appeal by [X.] against this judgment.

Considerations

The Federal Supreme Court upheld the conviction of [X.] for violence and threat against authorities and officials under Art. 285 para. 1 of the Swiss Criminal Code. The spitting on the police officer [A.] constituted a physical attack within the meaning of this provision, as it was an aggression directed at the body that caused massive disgust and at least a temporary impairment of the victim's physical integrity. Spitting in the face far exceeds the socially tolerated level and is capable of causing significant discomfort in the person being spat upon.

The Federal Supreme Court also dismissed [X.] 's request to reject the civil claims of [A.] . Although Art.…