Aggravated coercion under section 106 StGB: aggravation, threat, evidence, distinction from section 105 and first defence steps.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for criminal defence
Criminal proceedings are a matter of trust. One lawyer who walks with you from the first consultation through to the trial, everything from one hand.
Aggravated coercion under section 106 StGB requires more than mere pressure in a conflict. Content, intensity and purpose of the threat are decisive, as is whether the aggravation is actually supported by the file.
This post provides general information for defendants and affected persons in Austria. It does not replace review of the concrete file or advice in an individual case.
Stay informed. New updates from the Brandauer network and current posts are available at brandauer-news.at.
The right strategy depends on the allegation, file status and next procedural step.
Already know you want to send an enquiry? Go straight to the contact form.
Choose the situation that best matches your current position.
Aggravated coercion under section 106 StGB requires more than mere pressure in a conflict. Content, intensity and purpose of the threat are decisive, as is whether the aggravation is actually supported by the file.
The basic coercion offence is section 105 StGB. Section 106 StGB aggravates the allegation for specific categories. From a legal perspective the first step is to identify which concrete aggravating element is alleged.
Aggravated coercion under section 106 StGB requires more than mere pressure in a conflict. Content, intensity and purpose of the threat are decisive, as is whether the aggravation is actually supported by the file.
The basic coercion offence is section 105 StGB. Section 106 StGB aggravates the allegation for specific categories. From a legal perspective the first step is to identify which concrete aggravating element is alleged.
Aggravated coercion under section 106 StGB requires more than mere pressure in a conflict. Content, intensity and purpose of the threat are decisive, as is whether the aggravation is actually supported by the file.
The basic coercion offence is section 105 StGB. Section 106 StGB aggravates the allegation for specific categories. From a legal perspective the first step is to identify which concrete aggravating element is alleged.
Aggravated coercion under section 106 StGB requires more than mere pressure in a conflict. Content, intensity and purpose of the threat are decisive, as is whether the aggravation is actually supported by the file.
The basic coercion offence is section 105 StGB. Section 106 StGB aggravates the allegation for specific categories. From a legal perspective the first step is to identify which concrete aggravating element is alleged.
The basic coercion offence is section 105 StGB. Section 106 StGB aggravates the allegation for specific categories. From a legal perspective the first step is to identify which concrete aggravating element is alleged.
Not every harsh approach and not every unlawful threat automatically fulfils section 106 StGB. The authority must prove the concrete content, context and effect of the threat.
For suspects it is important to avoid early statements that unintentionally confirm a special purpose or intensity.
Evidence often consists of messages, conversation notes, witness statements and conduct after the incident. Individual words can have different effects depending on context.
The defence checks whether the alleged threat was made at all, how it could be understood and whether there is helpful context before or after the incident.
The distinction from dangerous threat and extortion is also practically important. Where financial pressure is involved, a different classification may arise.
After a complaint, first secure your own chronology. What was said, in which context, who was present and which messages exist?
Before questioning, file access should be organised. Without knowing the file it is hard to assess whether silence, a short response or a detailed explanation is useful.
Anyone who already has a summons or hearing date should organise time limits and documents quickly. The section 106 StGB aggravation can significantly affect strategy.
Next steps should be organised and based on the file.
| Level | Überblick | Key question |
|---|---|---|
| section 105 StGB | basic offence | Is there coercion at all? |
| section 106 StGB | aggravated coercion | Which aggravating element is alleged? |
| Evidence | messages and witnesses | What does the context show? |
| Strategy | statement and applications | Which response is useful? |
Next steps should be organised and based on the file.
Record complaint, summons and provision.
Organise evidence and case status.
No explanation without strategy.
Application, remedy or preparation.
Important: The first explanation is not decisive, the right explanation after file access is. Early structure helps avoid preventable mistakes.
No. File status, evidence and defence goal should be checked before any statement.
Summonses, messages, contracts, payment data, notes and witness information should be secured completely.
No. It provides general information. The concrete assessment depends on the file and evidence.
Further guidance on classification and the next step.
Further guidance on classification and the next step.
Further guidance on classification and the next step.
Further guidance on the relevant topic page.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 660 2407152