Accused person: clarify the allegation and file first.
Do not give a spontaneous explanation before the object, alleged conduct and evidence are known. From a lawyer’s perspective, defence starts with file access and a structured chronology.
Offences against life and limb
Negligent conflagration under section 170 StGB after fire or accident
Section 170 StGB: negligent conflagration after a fire in home, business, site or workshop. First steps and evidence.
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Mag. Christopher Angerer, Rechtsanwalt
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19 August 2026 · Mag. Christopher Angerer, Rechtsanwalt
After a fire in a home, business, workshop, hotel or construction site, the question quickly arises whether carelessness is criminally relevant. Section 170 StGB concerns negligent causing of a conflagration.
This article explains from a lawyer’s perspective when section 170 StGB must be reviewed, how it differs from intentional arson and negligence offences involving injuries, and which evidence matters immediately after the event.
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Quick assessment
Which question should be clarified first?
The first reaction depends on the precise allegation.
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Which situation fits best?
For section 170 StGB, fire event, duty of care, cause and consequences must be separated.
All paths at a glance
Overview of all answers.
Prepare file access →
Affected person: secure evidence and define the aim.
Secure documents, messages and witnesses. Then assess whether a complaint, surrender request, seizure application or another procedural step is useful.
Cause of fire: preserve traces and duties.
After a fire, cause, duties of care, maintenance, instructions and witnesses are decisive. Photos, emergency reports and technical records should be preserved.
Urgent situation: preserve evidence, do not improvise.
If an appointment, seizure or escalation is imminent, first preserve the current position. Then decide whether a statement, application or contact with the authority is useful.
Elements of negligent conflagration under section 170 StGB
Elements of negligent conflagration under section 170 StGB
Section 170 StGB applies when a conflagration is caused negligently. The focus is not a minor isolated damage, but a fire event with corresponding danger quality.
Practical settings include heaters, electrical work, construction work, candles, storage of flammable materials, kitchen areas or lack of supervision. Negligence depends on the specific duty of care.
From a lawyer’s perspective, cause of fire, duty situation, foreseeability and avoidability must be separated early.
Distinction from arson and injury consequences
Distinction from arson and injury consequences
Intentional arson under section 169 StGB is a different allegation. Section 170 StGB is the negligence case. If people were injured, negligent bodily injury, negligent homicide or endangerment of physical safety may also be reviewed.
This distinction matters because defence focuses differently. Under section 170 StGB, duty of care, foreseeability and technical cause are central.
Related background is available on arson, negligent bodily injury and endangerment of physical safety.
Evidence after a fire at home, business or site
Evidence after a fire at home, business or site
Important evidence includes emergency reports, photos, videos, maintenance records, manuals, site logs, shift plans, safety instructions and statements by first responders or neighbours.
Accused persons should not remove items or change technical installations before they are documented. Affected persons should quickly record location, smell, sounds, time and perceptions.
In businesses and construction sites, clarify who was responsible for supervision, maintenance and release. Organisational responsibility does not automatically mean personal criminal liability.
First steps after a fire event
First steps after a fire event
After a fire, first preserve the facts. Photos, witness names, emergency reports and technical records matter. Then assess which statements to police, insurer or authority are useful.
Anyone accused should not spontaneously accept fault. The technical cause is often unclear, and first impressions do not necessarily prove criminal negligence.
From a lawyer’s perspective, a traceable chronology matters: what was used, checked, switched off or supervised and when. That chronology is the basis for further assessment.
Overview
Key review points in practice
Quick assessment
| Point | Meaning | First question |
|---|---|---|
| Fire event | conflagration with danger quality | What exactly happened? |
| Duty of care | specific personal duty | What should have been done? |
| Cause | technical or human contribution | What triggered the fire? |
| Consequences | damage and danger | Who or what was affected? |
Important: Do not alter technical traces after a fire. First preserve photos, emergency report, maintenance records and witnesses.
Frequently asked questions
Negligent conflagration under section 170 StGB after fire or accident: key questions.
What does negligent conflagration under section 170 StGB mean? +
It means a fire event allegedly caused negligently through breach of a duty of care.
Is every fire criminally relevant? +
No. Fire quality, cause, concrete duty of care, foreseeability and avoidability are decisive.
What should be preserved first after a fire? +
Photos, emergency reports, technical records, maintenance documents, witnesses and a precise chronology should be organised.
Topics
section 170 StGBnegligent fireconflagrationaccidentconstruction sitecriminal proceedings
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