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, in a clear and comprehensible manner,
- when an act constitutes bodily injury,
- what types and penalties Austrian criminal law provides,
- and how an investigative procedure is carried out,
- 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?
- Stay calm. Spontaneous statements often lead to contradictions.
- Do not make any statements without a lawyer. The police know the case file—you do not.
- Use your right to remain silent. It is one of your most important protective rights.
- Contact a lawyer immediately. Early legal advice prevents mistakes from the outset.
- Avoid conversations outside the official questioning. Even casually spoken remarks can be recorded and used as evidence.
FAQ – Frequently Asked Questions on Bodily Injury
Bodily injury occurs when a person’s physical or mental well-being is impaired beyond a minor degree. This includes both physical injuries and health impairments of a clinical nature, including psychological harm.
Even a push or shove can constitute bodily injury if it results in pain, injury, or harm to health. A visible injury is not necessarily required.
Simple bodily injury refers to injuries or harm to health without special consequences.
Serious bodily injury occurs when the impairment lasts longer than 24 days or involves a serious injury, such as a bone fracture.
Intentional bodily injury occurs when the perpetrator at least accepts the possibility of causing harm.
Negligent bodily injury occurs when the harm is caused due to a lack of care.
This distinction has a significant impact on the severity of the penalty and the subsequent course of proceedings.
The penalty depends on the nature and severity of the offence. It ranges from fines or imprisonment of up to one year for simple bodily injury to several years’ imprisonment for serious or aggravated cases.
Offences involving bodily injury are often prosecuted ex officio. This means that an investigation can be initiated even if the victims do not file a complaint or later wish to withdraw it.
Accused persons are not obliged to provide information about the case. They have a comprehensive right to remain silent.
Without knowledge of the case files, there is a risk of making ill-considered statements. Early legal advice allows for a well-founded assessment of the situation and the appropriate next steps.
Possible outcomes include dismissal of the proceedings, a diversionary resolution, the issuance of a penal order, or the filing of an indictment. The decision depends on the evidence available and the legal assessment of the case.
Stay calm, avoid making hasty statements, and contact a criminal defence lawyer as early as possible. Mistakes during the investigation phase can have far-reaching consequences.
