fahrlässig committed by negligence
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| Language pair: | German德语译成English英语 |
| Definition / notes: | 8. The acts referred to in article 1 of the Convention are covered first of all by the provisions protecting life and physical integrity (CPS arts. 111-136). These were amended by the Act of 23 June 1989, which entered into force on 1 January 1990. With regard to torture, besides homicide (CPS art. 111 et seq.) and endangering the life or health of another (CPS art. 127 et seq.), bodily injury (CPS arts. 122-126) has a specific meaning: the offence of causing simple bodily harm (CPS art. 123), which can also be committed by negligence (CPS art. 125), is committed when transient discomfort equivalent to a state of illness is caused to another person (for example, substantial pain, a nervous shock, intoxication or dizziness). Case law holds that the same applies to substantial affronts to physical integrity that have no effect on health, such as shaving the head completely bare or administering injections. Lesser affronts, causing no more than a temporary decrease in well-being, such as minor swelling, contusions, abrasions and scratches, are punishable as assault under CPS article 126. According to a new ruling by the Federal Court, the threshold of punishability is crossed when physical attack in excess of what is customarily acceptable is sustained. Bodily harm, damage to health or pain does not have to ensue. It should also be noted that assaults constituting bodily harm under the Swiss Criminal Code include acts whose severity clearly brings them within the scope of torture as defined in article 1 of the Convention. |
| URL: | http://www.hri.ca/fortherecord1997/documentation/tbodies/cat-c-34-add6.htm |
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