Negligence

Negligence

In criminal law, negligence means that someone fails to observe the necessary due care and thereby commits a criminal offense without intending to do so. It is therefore not about intent, but about carelessness or breach of duty. According to § 6 StGB, a person acts negligently who disregards the diligence that they should and could observe under the circumstances, thereby causing a punishable outcome.

Negligence means: One should have paid more attention, but doesn’t, and thereby causes a criminal offense.

Principle: Negligence

In criminal law, the principle applies: Negligence is only punishable if the law expressly stipulates it.
While most offenses require intent, there are certain circumstances where mere carelessness can lead to criminal liability. Typical examples include negligent bodily harm or negligent homicide.

Meaning of Negligence

Negligence occurs when someone fails to recognize a danger that they should have recognized, or recognizes a danger but wrongly trusts that nothing will happen. Crucial is the violation of a duty of care.

Example: A driver is typing on her phone, overlooks a red light, and causes an accident. She did not intend this, but disregarded the necessary attention.

Types of Negligence

Austrian criminal law distinguishes various degrees:

• Unconscious Negligence: The person does not recognize the danger at all, but should have recognized it.
• Example: A cyclist overlooks a stop sign because he is inattentive.
• Conscious Negligence: The person recognizes the danger, but trusts that nothing will happen.
• Example: A craftsman works without safety glasses, even though he knows that splinters can fly.

Difference from Intent

The distinction between negligence and intent is particularly important:

• Conditional Intent (dolus eventualis): Someone knows that something can happen and accepts it.
• Conscious Negligence: Someone recognizes the danger, but genuinely believes that everything will turn out fine.

This fine distinction determines guilt or acquittal in many proceedings.

Practical Significance

Negligence often concerns everyday situations, such as in road traffic, at work, or in the healthcare sector. Many accused individuals become subject to investigations without ever having planned a criminal offense.

• Road Traffic: Inattention or rule violations quickly lead to negligent bodily harm.
• Professional Responsibility: Doctors or craftsmen are liable for errors resulting from a lack of due care.
• Liability: In addition to criminal penalties, civil claims for damages often arise.

Penalties for negligence are usually milder than for intent, but can still have serious consequences. They range from high fines to prison sentences in severe cases.

Special Constellations

• Result-Aggravated Offenses: The basic offense requires intent, but the severe consequence can also be caused negligently.
• Attempt: Even the mere intent to commit an act can be punishable, even if it is not completed.
• Errors: Whoever errs about crucial circumstances may have acted without intent.

Your Benefits with Legal Assistance

A criminal proceeding is a significant burden for those affected. Serious consequences threaten right from the start – from coercive measures such as house searches or arrests, to entries in the criminal register, to custodial or monetary penalties. Errors in the initial phase, such as thoughtless statements or insufficient preservation of evidence, often cannot be corrected later. Economic risks such as claims for damages or procedural costs can also be substantial.

Specialized criminal defense ensures that your rights are protected from the outset. It provides security in dealing with the police and public prosecutor’s office, protects against self-incrimination, and creates the basis for a clear defense strategy.

Our law firm:

• examines whether and to what extent the accusation is legally sustainable,
• accompanies you through investigation proceedings and main hearing,
• ensures legally sound applications, statements, and procedural steps,
• assists in defending against or settling civil law claims,
• protects your rights and interests vis-à-vis the court, public prosecutor’s office, and victims.

Peter Harlander
Harlander & Partner Rechtsanwälte „Machen Sie keine inhaltlichen Aussagen ohne vorherige Rücksprache mit Ihrer Verteidigung. Sie haben jederzeit das Recht zu schweigen und eine Anwältin oder einen Anwalt beizuziehen. Dieses Recht gilt bereits bei der ersten polizeilichen Kontaktaufnahme. Erst nach Akteneinsicht lässt sich klären, ob und welche Einlassung sinnvoll ist.“