The Offence of Bodily Harm: When a Fight Ends Up in Court

A traffic argument or a fight in a nightclub can end in criminal proceedings for bodily harm. The factor that determines whether you face a fine (a minor offence) or a prison sentence (a basic or serious offence) is not so much how dramatic the bleeding looked, but the medico-legal concept of "treatment".

The Key Concept: First Aid vs. Treatment

Art. 147 of the Criminal Code sets out the difference:

• Minor offence: where the injury requires only a single instance of medical first aid (e.g. cleaning a wound, applying a plaster, a single visit to the doctor for a check-up). It is punished with a fine of 1 to 3 months.
• Offence of Bodily Harm (Basic): where the injury requires, in addition to first aid, medical or surgical treatment. This involves a planned course of healing: stitches (minor surgery), prescribed medication with follow-up reviews, immobilisation with a cast, rehabilitation. The penalty is 3 months to 3 years in prison, or a fine.

Defence strategy: the prosecution often tries to upgrade a minor injury to an offence on the basis that ibuprofen was prescribed. Case law holds that mere rest or taking generic painkillers is not medical treatment for criminal-law purposes. Disputing this point with a medical expert is essential to reduce the sentence.

Serious Bodily Harm: Disfigurement

If the injury causes the loss or disablement of an organ or limb, or serious disfigurement (a visible scar on the face, a permanent limp), the penalty rises sharply (from 3 to 6 years, or 6 to 12 years depending on the seriousness). "Disfigurement" is an aesthetic and social concept. Is a 2 cm scar on the arm serious disfigurement? Probably not. And on the cheek? Almost certainly yes.