The young man from Zurich was on the S-Bahn on the right Lake Zurich in January of this year. Because he was not wearing a mask, two Securitas employees in the role of railway police made him aware of the obligation to wear a mask in public transport.
The teaching evidently brought little. In Uerikon, the railway police finally instructed him to leave the train. When getting out of the car involuntarily, the 20-year-old spat several times in the direction of the railway police.
One of the saliva loads hit one of the two policemen directly on the head, which the mask grump “also intended”, as the recently published criminal order states.
100 francs additional fine for drugs
His spit attack is now costing the young man dearly. The See / Oberland public prosecutor’s office convicted him of violence and threats against authorities and civil servants and gave him an unconditional fine of 30 daily rates of 30 francs, a total of 900 francs.
In addition, there was a fine of 100 francs because he had smoked weed that day, as well as 800 francs procedural costs.
Broken upper arm
For the attacker, the attack not only ended with a fine, but also with an injury: The 20-year-old started to flee after his spit, but was detained by the two railway policemen.
Because he was trying to pull himself away “by twisting his upper body and pushing it away”, the mask grumpy broke his upper arm.
Depending on the part of the body, the penalty is higher
Spitting attacks are a problem for the police regardless of the risk of infection with the coronavirus. The Zurich Higher Court recently described this as “disgusting and defamatory”.
The judiciary punishes these incidents very differently. What matters is where the saliva ends up. Depending on the part of the body spit on, the punishment will be higher or lower.
The District Court of Zurich classified a case in which a city policeman and his colleague were hit on the back of the head at chest height on the protective vest, only as an insult. Legally, this is less serious than violence and threats against authorities and officials as in the present mask-grumpy case.
The two city police officers took the case to the High Court, which came to the conclusion at the beginning of July that it was definitely a matter of violence and threats, even if the spit did not land on the face. (SDA)