Assault is one of the most common offenses in Austrian criminal law. It can be committed for various reasons - be it in a moment of carelessness, in the heat of the moment or through a planned attack. In Austrian law, however, it is not only the fact that someone has been injured that is taken into account, but also how and for what motive this happened. There are different types of assault, each of which has different legal consequences.
What are bodily injuries - definition
Anyone who intentionally injures another person's body is generally liable to prosecution under § 83 para. 1 StGB. An injury is understood to be a not insignificant impairment of physical integrity. According to the Supreme Court, only a short-term change in physical integrity does not qualify as bodily injury. A short-term change would be, for example, reddening of the skin. As soon as the impairment goes beyond this, it constitutes bodily injury.
1. bodily injury (§ 83 para. 1 StGB)
(Simple) bodily injury occurs when someone intentionally causes physical harm to another person. The injury does not have to be serious, but it must represent a noticeable impairment of physical integrity. Examples include minor wounds, bruising or swelling.
§ Section 83 is an intentional offense. Contrary to what one might assume, however, intentional action does not mean that the person necessarily wants to cause an injury. According to Austrian criminal law, intentional action occurs when someone seriously believes that a certain consequence (in the case of Section 83, bodily injury) is possible and accepts this. If the perpetrator thinks to himself at the moment of the attack: "There could be an injury, but I don't care", then it is an intentional offense.
Threat of punishment:
A conviction for simple assault carries a prison sentence of up to one year or a fine of up to 720 daily rates.
2. maltreatment (§ 83 para. 2 StGB)
Abuse is deemed to have occurred if the physical well-being of another person is significantly impaired by the application of physical force. For the assumption of bodily injury, it is sufficient that the perpetrator merely wanted to cause abuse, even if he did not intend to injure the other person. An example could be hitting a person on the arm or pushing another person. A person is only liable to prosecution for ill-treatment if the victim suffers an injury as a result of the ill-treatment. For example, the perpetrator is liable to prosecution if he pushes the victim away from him, the victim falls and suffers a laceration as a result.
Threat of punishment:
A conviction for assault by ill-treatment carries a prison sentence of up to one year or a fine of up to 720 daily rates
3. damage to health
§ Section 83 punishes not only injuries but also damage to health. This includes causing or aggravating an illness. An example of damage to health is when someone is poisoned or becomes infected with a contagious disease (e.g. HIV). Mental suffering that has a medical illness value is also covered, whereas normal fear or grief is not.
Threat of punishment:
In the event of a conviction for damage to health, a prison sentence of up to one year or a fine of up to 720 daily rates is to be expected
4. grievous bodily harm (§ 84 StGB)
Serious bodily injury occurs when the perpetrator intentionally causes damage to the victim's health or incapacity to work for more than 24 days. This includes, for example, broken bones, serious internal injuries or permanent damage. In particularly serious cases, the injury may even endanger the victim's life.
Examples of grievous bodily harm:
- A bone fracture that requires a long healing period
- A deep cut with permanent scars
- Severe injuries to the brain or spinal cord that do not lead to permanent paralysis
If the grievous bodily harm was negligently caused by mistreatment, a prison sentence of up to 3 years may be imposed.
5. intentional grievous bodily harm (§ 87 StGB)
In the case of intentional grievous bodily harm, the perpetrator acts with the clear aim of inflicting serious injury on the victim. This can be a serious physical injury or a long-term impairment of health, such as an illness that lasts more than 24 days or an inability to work.
The difference to other types of bodily harm is that the perpetrator not only accepts that his victim will be injured, but deliberately aims to cause serious harm to the other person.
If the perpetrator uses a weapon, a knife or a heavy object in the crime, the public prosecutor's office generally assumes that the bodily harm was committed deliberately and with particularly dangerous intent.
Penalty:
The penalty for intentionally causing grievous bodily harm is 1-10 years' imprisonment.
6. negligent bodily harm (§ 88 StGB)
In contrast to intentional bodily injury, negligent bodily injury is an injury caused by carelessness or negligence. A typical example of this would be a traffic accident in which the driver injures another person through carelessness.
Penalty:
In the case of negligent bodily injury, a prison sentence of up to 3 months or a fine of up to 180 daily rates may be imposed.
In the case of gross negligence (Section 88 (3) StGB), the penalty is doubled. A prison sentence of up to 6 months or a fine of up to 360 daily rates can be imposed.
Privileges and qualifications
Austrian criminal law provides for bothprivileges and qualifications that can change the penalty for certain bodily injury offenses.
- Privileges: In certain cases, for example if the offender has acted in an emergency (self-defense or emergency aid) or the act was committed in the heat of passion, the sentence can be reduced.
- Qualifications: In particularly serious cases, such as bodily injury that causes the death of the victim (Section 86 StGB) or bodily injury to officers, witnesses or experts in the performance of their duties (Sections 83 (3), 87 (1a) StGB), the penalty can be significantly more severe.
Statistics on convictions for bodily injury in Austria
In 2023, there were 4,229 convictions under Section 83 StGB (intentional bodily harm) and 1,934 convictions under Section 84 StGB (intentional grievous bodily harm) in Austria. These figures illustrate how frequently bodily harm offenses occur in the jurisdiction and how seriously Austrian criminal law takes these offenses.
Charges of assault - What to do?
A charge of assault can have serious consequences, which vary depending on the type of injury. As violent crimes have been punished more severely in recent years, it is advisable to take the accusation seriously and seek legal assistance in good time. An experienced criminal defense lawyer who is familiar with crimes against bodily integrity can help you take the best steps in the proceedings.
If you yourself are confronted with an accusation of bodily harm, I will be happy to assist you and support you in your defense.