Questão jurídica principal
Whether calling the complainant “bouffon” constituted insult under Art. 177 CP
Decisão extraída
In the concrete context, the word primarily conveyed ridicule and did not amount to a sufficiently grave mark of contempt attacking honour.
Fundamentação extraída
The court held that the term has several meanings and, depending on context, may be merely pejorative or colloquial. The cantonal court relied too heavily on an argot dictionary and failed to assess other possible meanings. Here, the expression only mocked the complainant’s behaviour in a quarrel over a machine and did not cast doubt on his honesty, loyalty, morality, or dignity.