Endangering physical safety under Section 89 StGB in Austria: danger to life, health or physical safety even where no injury occurred.
Mag. Christopher Angerer, Rechtsanwalt
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Not every dangerous act results in injury. Section 89 StGB starts earlier: creating a danger to another person’s life, health or physical safety can be punishable even if no one is ultimately injured.
This article explains the difference from bodily harm and negligent bodily harm, the standard of care and evidential questions in risky situations. It is general information, not advice in an individual case.
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With an allegation under § 89 StGB, the first step is not an instinctive explanation but clarification of the offence, file and evidence. The right to silence applies in full.
From a legal perspective, file access under Section 51 StPO and distinctions from neighbouring offences should be assessed before any statement.
Messages, files, photos, receipts, records and witness information should be preserved in full. Nothing should be deleted, altered or created after the fact.
Digital traces can be decisive and should not be weakened by well-meant corrections.
Depending on the allegation, discontinuation, diversion, restitution, evidence requests or trial preparation may be relevant. The file decides.
Early structure prevents unfavourable statements and missed deadlines.
Many criminal allegations are close to each other. The decisive issue is which element characterises the concrete case and which offence is actually opened.
The correct distinction can change the penalty range, the procedural route and the defence strategy.
The offence turns on a defined type of conduct: creating a concrete danger. The question is not moral blame in the abstract, but whether the legal elements can be proved.
For the defence, the sequence of events, knowledge, documents, witnesses and alternative classifications must be reconstructed early.
On the current statutory basis, the core range is: up to three months or a fine of up to 180 daily rates. The reference point is Section 89 StGB.
The precise allegation, consequence, evidence and conduct after the event all influence the practical assessment.
The main distinction is: risk without actual injury. If this point is missed, the case may be placed under the wrong offence or an unnecessarily serious heading.
From a legal perspective, the distinction affects file strategy, evidence requests, diversion and trial risk.
Do not make a spontaneous statement before the allegation and file situation are clear. The right to silence, file access under Section 51 StPO and securing your own material are the central first steps.
Keep letters, messages, records and exculpatory material complete. Do not delete, alter or create anything after the fact; digital traces can create a separate problem.
Choose the point that matches your situation to see the first legal assessment and next step.
| Point | Assessment | Provision |
|---|---|---|
| Überblick point | creating a concrete danger | § 89 StGB |
| Distinction | risk without actual injury | Check neighbouring offences |
| Evidence | Secure sequence, messages, witnesses and documents | Section 51 StPO |
| Procedural goal | Assess discontinuation, diversion or trial defence | Sections 190, 198 ff StPO |
No statement without an overview. A single element of the offence can be decisive for this allegation. Before any statement, the relevant elements, the evidence and any alternative allegations should be checked against the case file.
Choose the point that matches your situation to see the first legal assessment and next step.
Record summons, complaint or measure precisely.
Check evidence and offence before any statement.
Document records, messages and witnesses in an ordered way.
Assess discontinuation, diversion or trial defence.
The decisive issue is whether the statutory elements are fulfilled, especially creating a concrete danger. The individual case depends on sequence, intent, evidence and procedure.
Usually only after the allegation is clear and file access has been assessed. The right to silence protects against statements made without knowing the evidence.
That depends on the offence, culpability, consequences, record and restitution. It should be assessed early where the allegation is not among the most serious cases.
Related existing article for the distinction.
Further basics in criminal proceedings.
Possible procedural routes and first steps.
Context in the overall proceedings.
In criminal matters every hour counts. Call us directly or send an email, callback within one business day, earlier in urgent cases.
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