Facts
The case concerns a psychologist, R., who participated as an assistant in a children's summer camp in Vignogn, in the canton of Grisons. During an altercation with a 16-year-old boy, D., R. gave him two light punches. R. was found guilty of assault and sentenced to a fine of 90 Swiss francs. R. appealed, but the cantonal court dismissed his appeal. R. then filed a request for revision with the SCC.
The facts took place from October 3 to 15, 1988. R. participated in the summer camp as an assistant and had an altercation with D. on October 10, 1988. The court established that R. had given D. two light punches, which caused temporary discomfort but no serious consequences.
Considerations
The SCC examined the question of whether R.'s actions constituted assault within the meaning of Article 126 of the Swiss Criminal Code. The court considered that assault is physical harm that exceeds what is generally tolerated and does not cause bodily harm or damage to health. The court also examined the question of whether the right to correction of the schoolmaster is excluded by federal law.
The court considered that the right to correction of the schoolmaster is not explicitly excluded by federal law, but that it requires a formal legal basis that is lacking in the applicable cantonal law. The court also considered that R.'s actions constituted assault, as they caused temporary discomfort to D. and exceeded what is generally tolerated.
The court also examined…