Facts
The appellant [X.] was the victim of a physical assault by the respondents [A.Y.] and [B.Y.] . He suffered a concussion, a bruised rib, and a fractured mandible that required surgical treatment. [X.] was hospitalized for four days. In the appeal proceedings, the Cantonal Court of Bern convicted [A.Y.] and [B.Y.] of attempted simple assault to the detriment of a defenseless person and of affray. [X.] was also convicted of affray. However, the Cantonal Court referred his civil claim to the civil courts, without ruling on his claim for satisfaction.Considerations
The Federal Supreme Court quashes the judgment of the Cantonal Court and remands the case to the lower instance for a new assessment of [X.] 's claim for satisfaction. The Federal Supreme Court clarifies that pursuant to Art. 126 para. 1 CrimPC, the criminal court must decide on the pending civil claim together with the criminal judgment, unless there are…