Facts
The case concerns a police officer, W., who was accused of abuse of authority for using disproportionate force against an individual, Z., during an arrest. Z. had been summoned to W.'s office to receive a penal order and to be questioned about his living, working, and income conditions. During the questioning, Z. opposed an identification procedure and violence erupted, during which Z. lost two teeth.
The district court of Chur acquitted W. of the abuse of authority charges and dismissed the case for simple bodily harm. However, the cantonal court of Grisons convicted W. of abuse of authority and sentenced him to a suspended prison sentence of eight days.
W. filed a nullity appeal with the Federal Court, requesting the annulment of the decision and his acquittal.
Considerations
The Federal Court examined the question of whether W. had committed an abuse of authority by using disproportionate force against Z. According to Article 312 of the Swiss Criminal Code, an official who abuses their authority to obtain an illegitimate advantage or to cause harm to another person is liable to penal sanctions.
The Federal Court considered that W. had indeed committed an abuse of authority, as even if Z. had opposed the police measures, W. should have used legal and proportionate means to break Z.'s resistance. The violence used by W., such as punches and…