Criminal Proceedings

Criminal proceedings following a ski accident in Austria refer to the legal process by which criminally relevant conduct on the slopes, such as negligent bodily harm, negligent homicide, or leaving an injured person unattended, is prosecuted. It begins with investigations by the police and public prosecutor’s office, includes evidence collection and, if applicable, a diversion, and concludes with a main hearing or dismissal. The aim is to determine responsibility and impose sanctions.

Criminal law principles in skiing

Principle of legality

Austrian criminal law follows the principle of “no punishment without law”. Retroactive laws, analogy, or customary law are excluded. This is intended to provide every skier with a clear framework of which actions are punishable.

Result crimes and causality

In skiing, result-based offenses are particularly significant, i.e., crimes where a specific outcome such as injury or death occurs. The causal link between action and outcome is crucial. Even if death occurs due to medical errors after the accident, the initial perpetrator remains criminally responsible as long as the initial injury was causative.

Illegality and justification

Conduct is unlawful if it violates a prohibitory norm. Justification grounds such as self-defense, necessity, or the consent of the injured party can exclude criminal liability. Also relevant in skiing is the right to detain, which allows anyone to detain a suspect until the police arrive.

Guilt and personal responsibility

Punishment presupposes guilt. Guilt means that the perpetrator could recognize the wrongfulness of their action and act accordingly. A distinction is made between intent (the perpetrator at least accepts the outcome) and negligence. Gross negligence exists when the conduct is unusual and conspicuously careless.

Self-endangerment in winter sports

Voluntary self-endangerment constitutes a special consideration. Anyone who knowingly exposes themselves to a risk bears a certain degree of personal responsibility. Nevertheless, other skiers are not relieved of their duties of care. Disregard for recognized rules can therefore remain punishable despite self-endangerment.

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Typical criminal offenses in skiing accidents

Negligent Bodily Harm (§ 88 StGB)

If a skier negligently injures another person, for example, by excessive speed or by disregarding FIS rules, this constitutes criminal bodily harm. A prerequisite is a significant interference with physical integrity or harm to health. In cases of gross negligence or severe injuries resulting in an impairment of more than 24 days, the penalties increase significantly.

Negligent Homicide (§§ 80, 81 StGB)

If a ski accident results in death, this is prosecuted as negligent homicide. Gross negligence has particularly serious consequences, for example, if someone skis recklessly in poor visibility or on crowded slopes. An accident while intoxicated or under the influence of other intoxicating substances can also increase the penalty, even if no fixed blood alcohol limits apply.

Endangering Physical Safety (Section 89 of the Criminal Code)

Not only injuries, but also creating a concrete danger for other persons can be punishable. Anyone who, through grossly negligent conduct, creates a situation that seriously endangers the life and limb of others, for example, by excessive speed in an area with many skiers, risks criminal conviction.

Leaving an Injured Person behind (§ 94 StGB)

If someone causes an accident and refuses to provide the injured person with the necessary assistance, a separate criminal offense exists. Leaving an injured person unattended does not presuppose fault for the accident, but is already constituted by the failure to provide the necessary assistance after one’s own contribution to the cause.

Failure to Provide Assistance (§ 95 StGB)

Even uninvolved persons who witness a ski accident have a duty to help. Anyone who fails to provide the necessary assistance to save lives or prevent serious injuries commits a criminal offense.

Alcohol and intoxication

A punishable state of intoxication can also exist even if the limits applicable to road traffic are not exceeded. The sole decisive factor is whether the ability to control oneself was impaired by alcohol or other substances. If an accident occurs in such a state, this has a particularly aggravating effect on the penalty.

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Initiation of Criminal Proceedings

A ski accident with criminally relevant consequences regularly leads to investigative proceedings in Austria. The proceedings begin as soon as the police or public prosecutor’s office become aware of a possible offense. Since bodily harm or homicide are official offenses, investigations are conducted regardless of a private complaint.

The first measure is usually the accident recording by the alpine police or the local police. Traces are secured, accident sketches are prepared, and the parties involved and witnesses are questioned. Experts are often also consulted, for example, for accident reconstruction or the assessment of slope and snow conditions.

The public prosecutor’s office decides whether investigative proceedings are to be initiated. It directs the investigations, orders expert opinions, and examines whether the legal requirements for an indictment are met. Already at this stage, accused persons and injured parties can seek legal assistance.

It is essential for injured parties that they have the opportunity to join the criminal proceedings as private parties. This allows civil claims such as pain and suffering to be asserted already in the criminal proceedings. For accused persons, the protection of defense rights is paramount, especially the right to remain silent and to consult legal counsel.

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The preliminary investigation

During the investigative proceedings, the foundations for a later court decision are laid. The police collect evidence, the public prosecutor’s office conducts the proceedings, and decides whether to file an indictment, dismiss the proceedings, or offer a diversion.

Taking of evidence

Key evidence includes statements from accident participants and witnesses, medical reports on injuries, technical reports on the accident sequence or slope conditions, as well as video and photographic material, if available. The evidence collection aims to reconstruct the course of the accident and clarify the question of guilt.

Rights and obligations of the parties involved

The accused has the right not to testify on the matter. They may consult a defense lawyer at any time. Victims are entitled to file inspection, psychosocial and legal process support, as well as the status of private parties. Both sides are obliged to respond to summonses and to cooperate within reasonable limits.

Application for dismissal or diversionary settlement

Defendants have the option of filing an application through their lawyer to have the criminal proceedings dismissed if there is insufficient suspicion or other legal requirements for a dismissal are met.

Diversion and victim-offender mediation

Especially in ski accidents with minor injuries or low culpability, the possibility of diversion exists. The public prosecutor’s office can impose conditions on the accused, such as monetary payments, community service, or a perpetrator-victim reconciliation. If the condition is met, the proceedings are dismissed without a conviction occurring.

Conclusion of the preliminary investigation

At the end of the investigative proceedings, the public prosecutor’s office decides on the further course of action. If the suspicion of an offense is insufficient, a dismissal occurs. If there is sufficient suspicion, an indictment is filed. This offers injured parties the opportunity to pursue their claims within the criminal proceedings.

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The main hearing

If an indictment is filed after the conclusion of the investigative proceedings, the main hearing before the competent criminal court follows. The District Court is generally competent for minor offenses, while the Regional Court is competent for severe bodily harm or fatalities.

The main hearing begins with the public prosecutor’s reading of the indictment. Thereafter, the accused are questioned, witnesses and experts are heard, and evidence is discussed. The aim is a comprehensive clarification of the accident sequence and the legal assessment of responsibility.

Injured parties have the option to appear as private parties. This allows them to assert claims for damages already in the criminal proceedings. The court decides not only on guilt and punishment, but also on these civil claims, provided they are clear and ready for decision.

The verdict can include acquittal, conviction with a fine or imprisonment, or a diversionary solution. In ski accidents, the court often imposes fines, but in serious cases also imprisonment, especially in cases of gross negligence or fatal outcome.

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Special features for minors

Young people are also frequently involved in skiing. Special criminal law rules apply to them.

In Austria, criminal responsibility begins only upon reaching the age of 14. Children under 14 years of age cannot be criminally prosecuted. Their responsibility lies within the scope of parental supervisory duties.

For young people between 14 and 18 years of age, the Juvenile Court Act (JGG) applies. It provides for significantly milder sanctions compared to adults. Prison sentences are reduced, fines are limited, and there is a strong focus on educational measures. Often, admonitions, supervision orders, or community service are used instead of traditional penalties.

For young adults between 18 and 21 years of age, juvenile criminal law can also be applied if their maturity does not yet correspond to that of an adult. Here, too, the focus is less on punishment and more on the educational effect.

It is important for injured parties to know that claims for damages can also be asserted against a juvenile accused. Parents may, under certain circumstances, be civilly liable if they have violated their supervisory duties.

Relationship to civil law and damages

Criminal proceedings primarily serve to determine criminal responsibility. However, for injured parties, it also opens up the possibility of asserting civil claims such as pain and suffering or reimbursement of treatment costs in the criminal proceedings. This is done by joining as private parties. The court either decides directly on the claim or refers it to civil proceedings if a detailed examination requires more time.

The distinction is clear: Criminal law clarifies guilt and punishment, while civil law regulates financial compensation. In practice, it is therefore often advisable to pursue both avenues in parallel.

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Your Benefits with Legal Assistance

Our law firm supports you in all phases of criminal proceedings following a ski accident. Typical challenges include unclear evidentiary situations, contradictory witness statements, and the risk that one’s own rights may not be adequately protected without legal assistance. For injured parties, there is also the question of how pain and suffering or damages can be effectively enforced. Accused persons are often confronted with the risk of an exaggerated criminal assessment of their conduct.

Our law firm:

• checks whether the criminal charges in your case are justified
• accompanies you through the entire investigation and main proceedings
• ensures the legally secure enforcement or defense of claims
• assists in the assertion of damages or pain and suffering in criminal proceedings
• protects your rights and interests vis-à-vis the police, public prosecutor’s office and court

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Frequently Asked Questions – FAQ

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