Intentional Grievous Bodily Harm

Intentional grievous bodily harm covers cases in which a person purposefully intends to cause a serious injury or damage to health. An injury is considered serious if it is inherently grave or causes damage to health or occupational disability lasting longer than 24 days. The decisive factor is the intent to cause the serious consequence, not merely the acceptance of it. Anyone who intentionally acts towards causing a serious injury bears a significantly increased injustice and must expect significantly higher penalties. The offense is based on grievous bodily harm and increases the penalty because the serious consequence has not only occurred but was intended. In addition, special victim groups and particularly serious consequences further increase the level of punishment.

Select Your Preferred Appointment Now:Free initial consultation

objective elements of the offence

The objective element describes the external aspect of the event. It answers the questions of who did what, with what means, what result occurred, and whether there is a causal link between the act and the serious injury that followed.

Steps of legal assessment

• Act: physical impact (e.g. hitting, pushing, kicking, strangling, use of tools) or breach of duty by omission in the event of an existing guarantor position.
• Success of the act: Occurrence of a serious injury or damage to health within the meaning of § 84 StGB.
• Causality: The act of injury must be a conditio sine qua non for the success. In the case of omissions, it must be examined whether the serious injury could have been prevented with a high degree of probability.
• Objective attribution: The result must realize precisely the legally disapproved risk created by the perpetrator (protective purpose context). Atypical third-party causes or completely independent victim behavior can interrupt the attribution.

Select Your Preferred Appointment Now:Free initial consultation

Distinction from other offences

Classification of offences against physical integrity:

• § 84 StGB – Grievous bodily harm: significant, sometimes prolonged, generally treatable impairments.
• § 85 StGB – Bodily harm with serious permanent consequences: long-term or irreversible consequences.
• § 87 StGB – Intentional grievous bodily harm: Qualification due to intent on the serious consequence; increased penalty.
• § 86 StGB – Bodily harm resulting in death: Intent to injure, fatal consequence only negligently foreseeable.

Thus, § 87 StGB marks a leap in intent: It is not about merely accepting, but about wanting the serious consequence.

Burden of proof and evaluation of evidence

Public prosecutor’s office: bears the burden of proof regarding the act, the serious result, causation, attribution, and, where applicable, qualifying elements of the offence.
Court: assesses the totality of the evidence and evaluates, in particular, the medical documentation. Evidence that is inadmissible or obtained unlawfully cannot be used.
Accused: bears no burden of proof but may present alternative courses of events, raise doubts regarding causation, or invoke the exclusion of unlawfully obtained evidence.

Typical evidence: medical reports, imaging diagnostics (CT, X-ray, MRI), neutral witnesses, video recordings, digital metadata, and expert opinions on the severity of the injury.

Select Your Preferred Appointment Now:Free initial consultation

Practical example

• Targeted stab in the upper abdomen, directed at vital organs, to cause a serious internal injury.
• Multiple forceful blows to the head with a hard object, even though the victim is already on the ground, to cause a severe concussion or skull injury.
• Kicks against the knee joint or ankle joint with the declared aim of causing permanent disability.
• Strangling with a holding technique on the larynx to create long-lasting breathing and voice problems.
• Not sufficient: mere presence or slight touch without demonstrable connection with the serious consequence.

subjective elements of the offence

Intent is required regarding the serious injury consequence. The perpetrator wants the serious consequence as a goal or accepts it as a necessary means to achieve the goal. Conditional intent is not sufficient.

Distinction:
Intentional injury with only negligently caused serious consequences is punished according to § 84 StGB.
Intentional causation of the serious consequence falls under § 87 StGB.

Select Your Preferred Appointment Now:Free initial consultation

Unlawfulness and justifications

• Self-defence: an imminent and unlawful attack; the defence must be necessary and proportionate. A retaliatory act after the attack has ended does not constitute self-defence.
• Excusing necessity: imminent danger; no less harmful means available; overriding interest.
• e.
• Gesetzliche Befugnisse: Eingriffe mit Rechtsgrundlage und Verhältnismäßigkeit (insbesondere Amtshandlungen, rechtmäßiger Zwang).

Burden of proof: The prosecution must demonstrate beyond reasonable doubt that no justification applies. The accused is not required to prove anything; concrete indications are sufficient to raise doubt (in dubio pro reo – when in doubt, for the accused).

Culpability and mistakes

• Mistake of law: excuses only if unavoidable (duty to inform oneself about the law).
• Principle of culpability: only those who act with fault are punishable.
• Lack of criminal responsibility: no culpability in cases of severe mental disorder, etc.; a forensic psychiatric assessment is required as soon as there are indications of such a condition.
• Excusing necessity: unreasonableness of lawful conduct in an extreme situation of coercion.
• Putative self-defence: a mistaken belief in a justification negates intent; negligence remains if provided for by law.

Extinction of punishment and diversion

Criminal proceedings may end without a conviction under certain conditions. Namely, criminal law provides for possibilities to refrain from punishment or to settle the proceedings by diversion if the accused accepts responsibility and the consequences of the act are compensated.

A withdrawal from the attempt leads to no penalty being imposed if the perpetrator voluntarily refrains from further execution or averts the success in time. The decisive factor is that the withdrawal occurs out of one’s own motivation and not merely because the plan would have failed anyway.

The diversion is a type of extrajudicial conclusion of criminal proceedings. It comes into consideration if the guilt is not to be classified as severe, the facts are clarified, and the accused is willing to make amends. Typical measures are the payment of a sum of money, community service, participation in probation, or a settlement with the victim.
In the event of successful diversion, there is no conviction and no entry in the criminal record. The proceedings are thus considered completed, and the person concerned can continue their life without a formal conviction.

Due to the severity of the offense in § 87 StGB generally not considered, only exceptionally in cases of low culpability and atypical circumstances.

Sentencing and consequences

The severity of a sentence depends on the offender’s culpability and the consequences of the act. The court takes into account the seriousness of the injuries, the degree of danger or recklessness of the conduct, and whether the act was premeditated or spontaneous. Personal circumstances are also considered, such as prior convictions, living situation, willingness to confess, and efforts to make amends.

Aggravating factors include multiple offences, particular ruthlessness, or attacks on defenceless persons.
Mitigating factors include a clean criminal record, a comprehensive confession, restitution, or contributory behaviour by the victim. A lengthy duration of the criminal proceedings may also have a mitigating effect.

Austrian criminal law applies the day-fine system for monetary penalties: the number of day-fines depends on the gravity of culpability, while the amount of each day-fine is based on the offender’s income. This ensures that a fine has an equally perceptible impact on all offenders. If the fine is not paid, it may be converted into a substitute term of imprisonment.

A prison sentence may be wholly or partially suspended if it does not exceed two years and a positive social prognosis exists. In such a case, the convicted person remains at liberty but must prove themselves during a probation period of one to three years. If all conditions are met, the sentence is deemed finally suspended.

Courts may also impose instructions, such as requirements for restitution, therapy, or contact restrictions, and may order probationary supervision. The aim is always to reduce the risk of reoffending and to promote a stable way of life.

Select Your Preferred Appointment Now:Free initial consultation

Penalties § 87 StGB

• Basic case: Imprisonment from 1 to 10 years.
• In qualified constellations and serious permanent consequences: up to 15 years.
• Increased minimum penalties apply to attacks on particularly protected groups of people.

Monetary Penalty – Day-fine System

• Range: up to 720 daily rates (Number of daily rates = culpability; Amount/day = financial capacity; min. €4.00, max. €5,000.00).
• Practical Formula: 6 months imprisonment ≈ 360 daily rates (Guideline, not a fixed scheme).
• Uncollectibility: Substitute custodial sentence (generally applies: 1 day substitute custodial sentence = 2 daily rates).

Imprisonment and (partially) suspended sentence

Section 37 StGB: If the statutory penalty provides for imprisonment of up to five years, the court should impose a fine instead of a short prison sentence of no more than one year.

Section 43 StGB: A suspended prison sentence may be imposed if the sentence does not exceed two years and the convicted person is deemed to have a favourable social prognosis. The probation period ranges from one to three years. If it is completed without revocation, the sentence is considered finally suspended.

Section 43a StGB: Partial suspension allows a combination of unconditional and conditional parts of a sentence. For prison terms of more than six months and up to two years, part of the sentence may be suspended or replaced by a fine of up to seven hundred and twenty day-fines if this appears appropriate in light of the circumstances.

Sections 50 to 52 StGB: The court may also issue instructions and order probationary supervision. Typical instructions concern restitution, therapy, contact or residence prohibitions, and measures aimed at social stabilisation. The objective is to prevent further offences and to promote lasting compliance with the law.

Jurisdiction of the courts

Subject matter: Regional Court.
Local: Place of the offense or place of success; subsidiary residence/place of access.
Instances: Appeal to the Higher Regional Court; appeal on points of nullity to the Supreme Court.

Civil claims in criminal proceedings

The victim can join (pain and suffering, medical treatment, loss of earnings, property damage). The joinder interrupts the civil law statute of limitations like a lawsuit – but only against the accused and only to the extent requested. Surcharge possible in full/in part; otherwise referral to civil court. Strategy: early structured compensation for damages increases chances for diversion and mild assessment.

Overview of criminal proceedings

• tart of investigation: formal suspect status upon concrete suspicion; from that point onward, full rights of the accused apply.
• Police / Public Prosecutor: the public prosecutor directs the proceedings, the criminal police conduct the investigation; objective: dismissal of the case, diversion, or indictment.
• Interrogation of the accused: prior instruction on rights; involvement of a defense attorney leads to postponement; right to remain silent remains unaffected.
• Access to the case file: available at the police, public prosecutor’s office, or court; also includes evidence items (insofar as the purpose of the investigation is not jeopardized).
• Main hearing: oral taking of evidence and judgment; decision on civil claims joined to the criminal proceedings.

Rights of the accused

• Practical access to files: investigation and trial records; access by third parties is restricted to protect the accused.
• Information & defense: right to notification, legal aid, free choice of defense counsel, translation assistance, and submission of evidence motions.
• Silence & counsel: right to remain silent at any time; if a defense attorney is requested, the interrogation must be postponed.
• Duty to inform: prompt notification of suspicion and rights; exceptions only permitted to safeguard the purpose of the investigation.

Your Benefits with Legal Assistance

Proceedings for bodily harm with serious permanent consequences are not only legally complex, but proceedings for bodily harm resulting in death are among the most serious criminal charges. Not only is there a high prison sentence at stake, but also an enormous personal and emotional burden. The line between negligent and intentional consequences is often narrow, and even small contradictions in expert opinions or statements can decide on guilt or acquittal. Early legal representation is therefore crucial in order to properly secure evidence, critically examine medical reports and precisely work out the actual course of events.

Our law firm

• comprehensively analyzes whether the death that occurred is actually attributable to the alleged act,
• examines whether there is a legally relevant causal connection between the injury and the fatal consequence,
• supports you throughout the entire investigation and court proceedings,
• works with experienced medical experts to avoid faulty or premature findings,
• develops an individual defense strategy that takes into account both legal and forensic aspects,
• and resolutely protects your rights and interests against the police, public prosecutor’s office and court.

Experienced criminal defense ensures that no premature conclusions are drawn from tragic consequences and that your actions are legally assessed in the correct context. This will provide you with a well-founded, objective and tailored defense for your specific case.

Select Your Preferred Appointment Now:Free initial consultation

Frequently Asked Questions – FAQ

Select Your Preferred Appointment Now:Free initial consultation