Bodily Injury

Partner for criminal law in Vienna - Defence in matters of bodily injury
The term bodily injury can be understood to be the violation of the physical integrity of an individual in the form of physical abuse or the impairment of an individual’s health.
Considered in isolation this definition would naturally also affect the culpability of a doctor. It must therefore be made clear that only the violation of physical integrity without the individual’s consent is determined to be a criminal offence.

As your contact for criminal law in Vienna, I offer professional defence in court in the case of bodily injury, for example:

Criminal consequences of road traffic accidents causing bodily injuries with the following provisions:

  • bodily injury through negligence (§ 88 StGB)
  • manslaughter through culpable negligence (§ 80 StGB)
  • bodily injury through negligence under particularly dangerous conditions (§ 81 StGB)

The following examples of bodily injury through negligence are generally exempt from prosecution; bodily injury which

  • affects a close relative of the offender; or
  • is not the result of serious misconduct on the part of the perpetrator 

In contrast, perpetrators who have caused a road traffic accident resulting in serious injuries or under particularly serious circumstances are subject to prosecution.

Provided that no deaths occur as a result of the accident, it is also possible to impose measures in the form of an “alternative sentence” instead of entering criminal proceedings against the perpetrator, with no further judicial prosecution being taken.

Roland Friis
- Your expert for criminal law in Vienna -