Conviction for Riot and Violence or Threat against Authorities and Public Officials

Facts

This decision concerns the appeal for nullity of a demonstrator convicted for having participated in a public gathering during which stones and other objects were thrown at police officers and the Zurich Opera House. The SCC upholds the conviction of the demonstrator for both riot (Art. 260 SCC) and violence or threat against authorities and public officials (Art. 285 para. 2 SCC). The SCC considers that there is an ideal concurrence of these two offences when the acts of violence are directed both against the police and against other property, such as the Opera House in this case.

Considerations

The SCC explains that the throwing of stones against the Opera House does not fall under the "violence against persons or property" referred to in Art. 285 para. 2 sent. 2 SCC, as these acts were not directed against the public authority but constituted a violent expression of protest against the Opera House. However, the throwing of stones at the police officers fulfils the criterion of "violence against persons" in Art. 285 para. 1 SCC. Thus, the participant…