Facts
The case concerns the owner of a currency exchange office and a coin shop in Basel, who was the victim of a theft. The thief took a briefcase containing assets worth around 53,000 Swiss francs. The owner, an experienced shooter, pursued the thief and fired a shot to stop him. The thief was injured in the leg and dropped the briefcase.
The owner was sentenced to 10 days in prison with probation for simple bodily harm by the Basel-Stadt criminal court, but was acquitted on appeal. The public prosecutor of the canton of Basel-Stadt filed an appeal with the SCC.
Considerations
The SCC examined whether the owner was in a situation of self-defense when he shot at the thief. The Court considered that the attack on the owner's assets and his defense lasted as long as the owner and the thief disputed possession of the briefcase.
The Court also examined whether the owner's defense was appropriate. It considered that the simple bodily harm inflicted on the thief could be justified in the event of a serious attack on assets. The Court also considered that the use of a firearm for self-defense could…