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Offences against life and limb

Bodily harm under § 83 StGB: an ex officio offence, the penalty and the complaint

Bodily harm under § 83 StGB is prosecuted ex officio: minor and serious bodily harm, negligent harm under § 88, the penalties and rights of accused and injured parties.

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10 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

A brawl, a punch, a fall after a scuffle: bodily harm is one of the most common offences against life and limb. For the accused, the question is what penalty they face and whether self-defence comes into consideration. Injured parties want to know how to proceed and whether a complaint achieves anything. A persistent misconception is that bodily harm is a purely private matter.

This post explains, from a legal perspective, that bodily harm under § 83 StGB is an offence prosecuted ex officio, how minor and serious bodily harm differ, what applies to negligent bodily harm, and what rights injured parties have. This is general information, not advice on an individual case.

What is your role?

Four situations, one clear next step.

The right steps differ depending on whether you are accused or have been injured. Choose your situation and you will receive the key points and the next concrete step.

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01 Question 1

What does your case involve?

The right steps differ depending on whether you are accused of bodily harm or have been injured yourself. Choose your situation and you will receive the key points and the next concrete step.

All paths at a glance

Overview of all answers.

01

As the accused: get advice before questioning, clarify self-defence and sequence of events.

Bodily harm is an offence prosecuted ex officio. This means that the public prosecutor pursues it on its own initiative once it becomes aware, regardless of whether the victim wants this. Withdrawing the complaint does not automatically end the proceedings. From a legal perspective, it is therefore important to clarify the sequence of events and examine the evidence before the first questioning.

The question of self-defence or a mutual altercation often arises. Do not make a statement on the matter before you have obtained access to the file and sought advice. Secure your own evidence such as photos, medical certificates or witnesses.

In depth: ex officio offence, not private prosecution →
02

As the injured party: document injuries medically, file a complaint, consider private participation.

Anyone who has been injured should have the injuries documented medically as early as possible. A timely certificate with photos is often the most important piece of evidence. Bodily harm is an offence prosecuted ex officio; you can file a complaint with the police or the public prosecutor, and prosecution then proceeds on the authority’s own initiative.

As an injured party, you can join the criminal proceedings as a private participant and claim damages for pain and suffering and other claims. From a legal perspective, it is worth documenting your claims clearly from the outset.

In depth: complaint, evidence and damages →
03

Negligent bodily harm: often a milder penalty, in some cases impunity.

If the injury was caused not intentionally but negligently, for example in a sports accident or in road traffic, § 88 StGB applies, with a significantly milder penalty. In certain cases, the law even provides for impunity, for example where there is no gross negligence and the impairment of health did not last longer than 14 days, or where the injured person is a relative.

From a legal perspective, the decisive point here is to assess the degree of negligence and the consequences of the injury precisely. But even negligent bodily harm remains an offence prosecuted ex officio.

In depth: negligent bodily harm →
04

The seriousness of the injury determines the penalty: minor, serious and permanent consequences.

The penalty depends largely on the seriousness of the injury. Minor bodily harm under § 83 StGB carries up to one year’s imprisonment or a fine. Where there is serious bodily harm under § 84 StGB, for example an impairment of health or incapacity to work lasting more than 24 days, or an injury that is serious in itself, the penalty rises to up to three years.

In the case of particularly serious permanent consequences or particularly dangerous commission, the sentencing range is six months to five years. From a legal perspective, the medical assessment of the injury is often the decisive point.

In depth: minor and serious bodily harm →

Bodily harm is prosecuted ex officio

A widespread error is the belief that bodily harm can only be pursued by way of private prosecution. The opposite is true: bodily harm under § 83 StGB and also negligent bodily harm under § 88 StGB are offences prosecuted ex officio.

Prosecution on the authority’s own initiative. As soon as the public prosecutor learns of bodily harm, for example through a complaint or a police report, it must investigate. It needs neither an application nor the victim’s consent for this.

Withdrawal changes little. Unlike a private-prosecution offence, withdrawing the complaint does not automatically end the proceedings. The victim cannot simply retract their statement to stop the proceedings.

Consequence for both sides. For the accused, this means that an agreement with the victim does not readily make the criminal proceedings go away, but it can play a role in sentencing or for diversion. For injured parties, it means that they do not steer the proceedings on their own.

Minor and serious bodily harm

The penalty depends on the seriousness of the injury and the manner of commission.

Minor bodily harm (§ 83). Anyone who injures another person’s body or impairs their health faces up to one year’s imprisonment or a fine of up to 720 daily rates. This also covers maltreatment that results in an injury or impairment of health.

Serious bodily harm (§ 84). Serious bodily harm exists, among other things, where the act results in an impairment of health or incapacity to work lasting more than 24 days, or is serious in itself. The penalty then rises to up to three years.

Serious permanent consequences and dangerous commission. Where the act has particularly serious permanent consequences or is committed in a particularly dangerous manner, the sentencing range is six months to five years.

From a legal perspective, the precise medical assessment of the injury is often the decisive point of dispute, because it determines which sentencing range applies.

Negligent bodily harm under § 88 StGB

Not every injury happens intentionally. If it is caused negligently, for example in a sports accident, in road traffic or through carelessness, § 88 StGB applies.

Milder penalty. Negligent bodily harm carries up to three months’ imprisonment or a fine of up to 180 daily rates. In the case of gross negligence or serious consequences, the penalty increases.

Impunity under § 88 para 2. In certain cases the act is exempt from punishment. This requires that there is no gross negligence and that, in addition, one of the constellations named in the law is met, for example that the injured person is a relative or that the impairment of health did not last longer than 14 days.

Negligent bodily harm too remains an offence prosecuted ex officio. From a legal perspective, the main task is to assess the degree of negligence and the consequences carefully.

If you have been injured yourself

Injured parties should act quickly to protect their rights.

Document injuries. Have your injuries established medically as early as possible. A timely certificate with photos is often the most important piece of evidence and cannot be made up for later.

Complaint. You can file a complaint at any police station or with the public prosecutor. Because it is an offence prosecuted ex officio, the public prosecutor then investigates on its own initiative.

Private participation and damages. As an injured party, you can join the criminal proceedings as a private participant and claim damages for pain and suffering and other claims. If the court convicts the defendant, it can also decide on your claims in the criminal judgment.

The most common mistakes with bodily harm. Assuming that withdrawing the complaint ends the proceedings. As the accused, making a statement on the matter without access to the file and misrepresenting a self-defence situation. As the injured party, arranging medical documentation too late. In all cases: early documentation and a clear strategy are decisive.

Frequently asked questions

What you need to know about bodily harm in Austria.

Is bodily harm a private matter? +

No. Bodily harm under § 83 StGB and also negligent bodily harm under § 88 StGB are offences prosecuted ex officio. The public prosecutor pursues them on its own initiative once it becomes aware. No application by the victim is required, and withdrawing the complaint does not automatically end the proceedings.

What happens if I withdraw the complaint? +

Because bodily harm is prosecuted ex officio, withdrawing the complaint does not automatically end the proceedings. The public prosecutor can continue to investigate and bring charges. An agreement with the accused can, however, play a role in sentencing or for diversion.

When is bodily harm serious? +

Serious bodily harm under § 84 StGB exists, among other things, where the act results in an impairment of health or incapacity to work lasting more than 24 days, or where the injury is serious in itself. The penalty then rises to up to three years, and in the case of particularly serious permanent consequences or dangerous commission to six months to five years.

Is a sports accident punishable? +

A negligently caused injury can fall under § 88 StGB. In certain cases, however, the act is exempt from punishment, for example where there is no gross negligence and the impairment of health did not last longer than 14 days. The degree of negligence and the consequences are decisive here and should be examined precisely.

Do I get damages as an injured party? +

As an injured party, you can join the criminal proceedings as a private participant and claim damages for pain and suffering and other claims. If the court convicts the defendant, it can also decide on your claims in the criminal judgment. If the results are not sufficient for this, you are referred to the civil court route.

What should I do first as the accused? +

Do not make any statement on the matter before you have sought legal advice and obtained access to the file. Especially in the case of possible self-defence or a mutual altercation, the precise account matters. Secure your own evidence such as photos, medical certificates and witnesses.

Related topics

You might also be interested in

What to do after a criminal complaint in Austria? The general overview of the proceedings

The course of criminal proceedings, your rights and the first 72 hours after a complaint.

Diversion in criminal proceedings: the route without a conviction

When diversion comes into consideration and how it can avoid a conviction.

Topics
bodily-harmsection-83serious-bodily-harmnegligent-bodily-harmex-officio-offencedamages

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