Clarify the allegation from the file first.
At the beginning no spontaneous explanation on the merits should be given. The precise allegation, jurisdiction, evidence and procedural status should be checked first.
Read more on sections 94 and 95 StGB
Offences against life and limb
Abandoning an injured person and failure to assist under Austrian criminal law
Abandoning an injured person and failure to assist under sections 94 and 95 StGB: assistance, reasonableness, evidence and statements.
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Mag. Christopher Angerer, Rechtsanwalt
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14 July 2026 · Mag. Christopher Angerer, Rechtsanwalt
After an accident, an altercation or a suddenly recognised emergency, the question often is whether someone had to help and whether leaving was criminal. Sections 94 and 95 StGB address different situations, but their practical core is the same: necessary and reasonable assistance must not be omitted.
This article explains from a legal perspective when abandoning an injured person or failure to assist is examined, how reasonableness and self-endangerment matter and why early statements about the sequence require careful preparation.
Quick orientation
Which issue should be clarified first?
The right strategy depends on the allegation, the file and the next procedural step.
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Which situation best matches your case?
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All paths at a glance
Overview of all answers.
Read more on sections 94 and 95 StGB →
Secure the evidence completely.
Photos, messages, medical records, payment data and witness details should be preserved in an orderly way. Nothing should be deleted, altered or reconstructed later.
Read more on sections 94 and 95 StGB
Make a statement only after preparation.
Before any statement it must be clear what is in the file and which points are incriminating or exculpatory. Silence, partial statements and written submissions are different tools.
Read more on sections 94 and 95 StGB
Set the defence line in time.
Before a decision or trial, evidentiary applications, exculpatory documents and the procedural goal should be clear.
Read more on sections 94 and 95 StGB
Sections 94 and 95 StGB at a glance
Sections 94 and 95 StGB at a glance
Section 94 StGB concerns abandoning an injured person. The focus is on a person who caused or contributed to the injury and then leaves the injured person behind. Section 95 StGB concerns failure to assist in an emergency, even where the potential helper did not cause the situation.
For both rules the decisive points are what the person perceived, what assistance was possible and whether assistance was reasonable. An emergency call can be essential help, but it does not always replace every further action.
Reasonableness, self-risk and emergency call
Reasonableness, self-risk and emergency call
No one has to expose themselves to serious danger. But reasonableness does not mean that one may simply leave because the situation is unpleasant. Often at least an emergency call, securing the location or alerting others is possible.
From a legal perspective, the expected action in the concrete situation must be reconstructed. Time, place, injury picture, own injury, intoxication and the presence of others may matter.
Evidence after accident or altercation
Evidence after accident or altercation
Typical evidence includes emergency-call logs, location data, video, witnesses, medical records and messages after the incident. They show who knew what and when, and what assistance was actually provided.
In group situations it may be unclear who took responsibility. The defence must avoid memory gaps being treated automatically as deliberate inactivity.
Statement strategy in the investigation
Statement strategy in the investigation
Anyone confronted with the allegation should not spontaneously say that they noticed nothing or assumed someone else would help. Such statements can later be difficult to correct.
File access should come first. Only then can a submission explain the actual sequence, perception and objectively possible assistance in a coherent way.
Delimitation
Abandoning and failure to assist are distinct.
The rules start from different roles.
| Rule | Typical role | Question |
|---|---|---|
| Section 94 StGB | Participant in incident | Was the injured person abandoned? |
| Section 95 StGB | Bystander or participant | Was necessary assistance reasonable? |
| Emergency call | Practical immediate help | Was help organised in time? |
Process
Four steps after a failure-to-assist allegation.
Perception, possibility and reasonableness must be reconstructed.
- 011immediately011immediately
Secure sequence
Clarify time, place, persons and injury.
- 022early022early
Check emergency call
Obtain logs and timing.
- 033ongoing033ongoing
Organise witnesses
Who saw what and who helped?
- 044after file access044after file access
Plan statement
Explain perception and reasonableness coherently.
Assistance is concrete. The decisive point is not ideal behaviour in the abstract, but which help was possible and reasonable in the specific situation. These facts must be secured early.
Frequently asked questions
Failure to assist: key questions.
Is an emergency call always enough? +
An emergency call is often the most important assistance. Whether further measures were reasonable depends on the concrete situation.
Do I have to endanger myself? +
No. Serious self-endangerment is not required. Reasonable help such as calling emergency services or securing the location may still be necessary.
What is the difference between sections 94 and 95 StGB? +
Section 94 concerns abandoning an injured person by someone connected to the incident. Section 95 concerns failure to assist in an emergency more generally.
Topics
failure to assistsection 94 StGBsection 95 StGBaccidentcriminal proceedingsAustria
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