Two restaurant owners in Bern faced legal consequences after confronting a burglar in their establishment. The incident, which occurred in the early morning hours, escalated into a physical altercation, leading to injuries for all parties involved. A Bern-Mittelland public prosecutor's order recently found the owners guilty of fighting, resulting in conditional fines and court costs.
Key Takeaways
- Restaurant owners in Bern confronted a burglar inside their premises.
- The confrontation led to a physical fight, causing injuries to both the owners and the alleged burglar.
- The restaurant owners received conditional fines for fighting.
- Police advise against confronting intruders directly due to safety risks and legal implications.
Bern Burglary Escalates to Physical Confrontation
The incident took place one morning in January. An individual broke into a restaurant located in the city of Bern. The burglar was attempting to break open a safe when the two restaurant operators, who lived in an apartment above the business, discovered him. Noise from the break-in alerted the owners.
According to the Bern-Mittelland public prosecutor's order, the two men, one in his thirties and the other in his forties, went downstairs to investigate the disturbance. One of the operators reportedly took a kitchen knife for potential self-defense before entering the restaurant area.
Incident Details
- Date: Early morning in January
- Location: Restaurant in Bern
- Initial Act: Burglar attempting to open a safe
- Parties Involved: Two restaurant owners, one alleged burglar
Violent Altercation and Injuries Reported
A physical fight then broke out between the alleged burglar and one of the restaurant operators. The prosecutor's order suggests that glasses or other objects may have been used during this struggle. The second operator, who initially stood aside, threw a chair towards the burglar.
During the confrontation, some of the restaurant's furniture was damaged. While the two men fought, a third person called the police. Law enforcement arrived shortly after and apprehended the burglar, who had attempted to escape through a window.
"The exact origin of the injuries sustained by those involved, especially the stab wound suffered by the alleged burglar, could no longer be reconstructed," stated the public prosecutor's order.
Injuries to the Burglar
The alleged burglar sustained a stab wound to his right chest. This injury required emergency treatment with a chest drain. He was admitted to the hospital for inpatient care. Additionally, the burglar suffered several superficial head injuries, some of which were bleeding. Further injuries were noted on his face, left shoulder, abdomen, arms, knee, and the back of his left foot. He also lost two teeth during the incident.
Police Advice on Burglaries
The Bern Cantonal Police strongly advises against confronting intruders. Their guidance emphasizes that individuals should only enter a burglary site if absolutely necessary. It is crucial not to touch anything to preserve potential evidence.
When a burglary is discovered, the immediate action should be to contact the police using emergency numbers 112 or 117. Individuals should never put themselves in danger. Police explicitly warn, "Do not seek confrontation with the perpetrators. Do not play the hero and never block the burglars' escape route."
Owners Also Injured, Face Legal Penalties
The restaurant operators also suffered injuries. One owner sustained a fractured rib, abrasions, and wounds on his feet, hands, and face. He also had a muscle tear in his gluteal muscle. The other owner experienced a bruised rib on his left side.
Despite being victims of a break-in, both restaurant operators were convicted of fighting. This conviction came through a penal order. The owner in his forties received a conditional fine of 60 daily rates at 260 Swiss francs each, totaling 15,600 Swiss francs. This fine is conditional, meaning it only needs to be paid if he commits another offense within the next two years. He must also cover court costs of approximately 1,600 Swiss francs.
The other operator also received a conditional fine of 60 daily rates, but at 150 Swiss francs each, amounting to 9,000 Swiss francs. He is also responsible for court costs, which total around 1,500 Swiss francs. The legal outcome for the alleged burglar remains undisclosed at this time.
Understanding Self-Defense and Legal Limits
Stephan Schlegel, a criminal defense lawyer, explained the legal definition of fighting. He stated that a fight, as defined by the Criminal Code, occurs when at least three people are involved in a mutual physical confrontation where someone is injured or killed. Such situations are often chaotic and unclear. It can be difficult to determine who caused which injury after the fact.
Individuals generally have the right to defend themselves during an attack. Schlegel noted, "Self-defense exists when someone protects themselves or others against an unlawful, immediate attack." However, exceeding the limits of self-defense can lead to criminal charges. This happens if the defense is disproportionate or continues after the attack has ended.
Schlegel emphasized, "Anyone who continues to hit an attacker even though they have long been subdued commits a criminal offense." This legal principle highlights the importance of using only necessary force and ceasing defensive actions once the immediate threat is neutralized.
- Conditional Fine (Owner 1): 15,600 Swiss francs (60 daily rates x 260 CHF)
- Court Costs (Owner 1): Approximately 1,600 Swiss francs
- Conditional Fine (Owner 2): 9,000 Swiss francs (60 daily rates x 150 CHF)
- Court Costs (Owner 2): Approximately 1,500 Swiss francs