Attack or Affray? –  On the new clarification in the ruling of the Swiss Federal Supreme Court

The Swiss Federal Supreme Court has clarified a vital distinction: a group attack remains an attack, even if the victim fights back. In the past, active resistance often downgraded a one-sided attack to a “mutual affray,” resulting in lighter penalties for the aggressors.

This ruling shifts the focus from the chaos of the fight to the intent of those who started it. At Schwärzler Attorneys at Law, we believe that with this normative approach the Swiss Federal Supreme Court wants to ensure that aggressors are held fully accountable, regardless of how a victim chooses to respond. While this provides much-needed legal clarity, it also raises questions about how we define roles in high-stress, two-sided conflicts.