Facts
This decision of the Swiss Federal Tribunal concerns the distinction between simple bodily harm (Art. 123 para. 1 CC) and battery (Art. 126 CC). The facts are as follows:
After a man (M.) exited his car in front of the courthouse and a police officer (C.) ordered him to leave to avoid a confrontation with protesters, another man (the appellant) arrived at the scene to lend assistance to C. There was a scuffle and an altercation between M. and the appellant. The appellant forcefully pushed M. into his car, and M. struck the appellant in the face with a punch. The appellant produced a medical certificate describing an epidermal lesion, a deep hematoma, and pain in the jaw joint.
The cantonal authority considered that the injuries suffered by the appellant constituted battery within the meaning of Art. 126 CC, and not simple bodily harm within the meaning of Art. 123 para. 1 CC. The appellant filed a nullity appeal against this classification.
Considerations
The Federal Tribunal recalls that the distinction between simple bodily harm and battery is made according to the severity of the pain caused, when the injury to bodily integrity is manifested only by bruises, contusions, or scratches. This criterion leaves a certain margin of appreciation to the trier…