Negligent homicide after an accident in Austria: sections 80 and 81 StGB, expert evidence, duty of care and first defence steps.
Mag. Christopher Angerer, Rechtsanwalt
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After a fatal accident, the allegation of negligent homicide can arise quickly. For accused persons and relatives, the key questions are whether a breach of duty can be proved, whether section 80 StGB or the stricter assessment under section 81 StGB is examined and what role technical or medical expert evidence plays.
This article explains the main turning points after a fatal accident, the line to negligent bodily harm and the first steps before statements, expert evidence and a hearing. It is general information, not advice on an individual case.
Where a death has occurred, the file position, accident reconstruction, expert evidence and statement strategy matter early.
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The first assessment depends on the allegation, the file status and upcoming procedural steps.
At the beginning, no spontaneous explanation should be given. The exact allegation, competence, evidence and procedural status must be clarified first.
From a legal perspective, file access is the basis of any further decision.
Photos, messages, expert material, records and witness leads should be preserved in an organised way. Nothing should be deleted, changed or created afterwards.
Early documentation often decides whether an exculpatory alternative remains traceable later.
Before making a statement, it must be clear what is in the file and which points incriminate or exculpate. Silence, partial information and a written statement are different tools.
Which option fits depends on the concrete allegation.
Before a hearing, evidence applications, exculpatory documents, possible restitution and the procedural goal should be clarified.
Those who start structuring only at the hearing often lose important options.
In section 80 StGB cases, the tragic result alone is not decisive. The issue is whether a concrete duty of care was breached and whether that breach caused the death.
The reconstruction therefore starts with speed, visibility, weather, work processes, warnings, safety rules and medical causes. From a legal perspective, exculpatory alternatives must be preserved actively.
Section 80 StGB concerns negligent homicide. Section 81 StGB covers qualified constellations where the allegation carries particular weight, for example because of gross negligence or especially dangerous circumstances.
This line changes the penalty risk and the defence strategy. A legal classification should not be accepted too early before the file and expert material have been reviewed.
Technical, traffic, medical or workplace expert reports are often central in these cases. An expert report is not a substitute for defence. It is evidence based on assumptions, data and methods.
The defence examines whether traces were preserved completely, whether calculations are traceable and whether questions to the expert are necessary.
An accused person who is summoned should not make a spontaneous statement on guilt. File access, preservation of own records and a clear decision on silence, statement or written submission come first.
Relevant material includes accident photos, work instructions, maintenance records, messages, witness names and insurance documents. These materials should be organised but not altered.
The legal assessment depends on consequence, breach of duty and proof.
| Allegation | Überblick point | Question |
|---|---|---|
| Section 80 StGB | Death caused by negligence | Which duty was breached? |
| Section 81 StGB | Qualified negligence | Why should the allegation be more serious? |
| Section 88 StGB | Injury without death | Which injury is causal? |
| Section 89 StGB | Danger without injury | Was there concrete danger? |
The first days shape the file, statement strategy and expert evidence.
Clarify summons, file number and role.
No statement without overview of traces and expert material.
Preserve photos, messages, maintenance and witnesses completely.
Question assumptions and calculations specifically.
No rushed statement. Where death has occurred, a single sentence can influence later expert assessment. The file, traces and own records should be reviewed before any explanation.
No. Criminal liability requires a provable breach of duty and causation. The tragic result alone is not enough.
Section 80 concerns negligent homicide. Section 81 covers more serious constellations, for example where particular danger or gross negligence is alleged.
That depends on the file. Usually file access comes first so that statement strategy and technical or medical evidence match.
When an accident causes injury but not death.
Assessing risk without actual injury.
How expert reports are examined and challenged.
Which circumstances affect the concrete sentence.
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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