Offenses involving bodily injury are among the most common crimes in Austria. They often start with a brief lapse of control: a push, a scuffle, a shove—and suddenly, one finds themselves involved in a criminal investigation.

For many individuals, such a situation is stressful; uncertainty and concerns about possible consequences arise. It is precisely at this point that it is important to contact an experienced criminal law firm such as MPW Rechtsanwälte without delay to receive professional support.

The following article explains clearly and understandably,

• when an act constitutes bodily injury,
• what types and penalties Austrian criminal law provides,
• how an investigation procedure is conducted,
• and how to best conduct yourself as an accused.

This provides you with legally secure guidance before making an important decision.

When Does Bodily Injury Occur?

In Austria, bodily injury occurs when a person’s physical or mental well-being is impaired beyond a minor degree.

This includes:

• bruises, cuts, fractures
• pain or swelling
• psychological suffering such as shock or anxiety

For criminal liability, it is not decisive whether the perpetrator intended the injury. Even a push that causes a fall can constitute bodily injury under § 83 of the Austrian Criminal Code (StGB).

What Types of Bodily Injury Exist?

The Criminal Code distinguishes several forms of bodily injury, which differ in severity and penalties.

Simple Bodily Injury (§ 83 StGB)

This form occurs when a person is physically injured or their health is harmed.

This includes:

physical injury

Significant intrusions into physical integrity (e.g., fractures, cuts).

harm to health

Functional impairments of a pathological nature, including psychological ones.

Abuse (§ 83 Para. 2 StGB)

Any physical action that impairs well-being, even without visible injury.

Intent or Negligence? The Crucial Difference

Whether an act was committed intentionally or negligently plays a central role in determining the penalty.

Intent (§ 5 StGB)

The perpetrator knows or accepts that their action may cause injury.

Negligence (§ 88 StGB)

The injury occurs because the necessary care was not observed.

In everyday situations, this distinction is often the key factor for:

• diversion instead of indictment
• a lesser penalty
• possible dismissal of the proceedings

Aggravated Bodily Injury (§ 84 StGB)

An injury is considered severe if

• the harm to health lasts longer than 24 days, or
• there is an inherently serious injury, such as a bone fracture.

For serious or aggravated acts, the penalties increase significantly.

What Penalties Are Imposed for Bodily Injury?

Penalties depend particularly on the severity of the offense:

Simple Bodily Injury (§ 83 StGB)

Imprisonment of up to 1 year or a fine

Bodily Injury Against Especially Protected Professional Groups (§ 83 Para. 3 StGB)

Up to 2 years of imprisonment

Aggravated Bodily Injury (§ 84 Para. 1 StGB)

Up to 3 years of imprisonment

Negligent Aggravated Bodily Injury (§ 84 Para. 4 StGB)

6 months to 5 years of imprisonment

Especially Severe or Fatal Consequences (§§ 85–87 StGB)

Up to 10 years of imprisonment

How Does an Investigation for Bodily Injury Proceed?

Many individuals affected are unsure of what to expect. The procedure generally follows a clear pattern:

Report / Police Notification

The proceedings often begin automatically, even if the victim does not wish to file a complaint.

Initial Measures

Evidence collection: photos, medical certificates, witness statements.

Questioning of the Accused

You have, in particular, the right to:

• remain silent
• consult a lawyer
• refuse to answer questions
• receive proper legal instruction

Evidence Gathering

e.g., chat histories, video recordings, medical records.

Decision of the Public Prosecutor’s Office

Possible outcomes:

• Dismissal
• Diversion
• Penalty order
• Indictment

What to Do if You Are Accused of Bodily Injury?

1. Stay calm. Spontaneous statements often lead to contradictions.
2. Do not make any statements without a lawyer. The police know the case file—you do not.
3. Use your right to remain silent. It is one of your most important protective rights.
4. Contact a lawyer immediately. Early legal advice prevents mistakes from the outset.
5. Avoid conversations outside the official questioning. Even casually spoken remarks can be recorded and used as evidence.