Serious bodily harm under section 84 StGB in Austria: 24 days, inherently serious injury, expert evidence, long-term consequences and defence.
Mag. Christopher Angerer, Rechtsanwalt
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In bodily-harm cases the medical classification often determines the sentencing range. A basic bodily harm under section 83 StGB can become serious bodily harm under section 84 StGB if the consequences last longer, are inherently serious or special circumstances are added.
This article explains from a legal perspective what matters for duration of injury, records, expert evidence and long-term consequences. It distinguishes section 84 from the basic offence under section 83 and from very serious consequences under section 85. This is general information, not advice on an individual case.
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At the beginning no spontaneous explanation on the merits should be given. The precise allegation, jurisdiction, evidence and procedural status should be checked first.
Read more on serious bodily harm under section 84 StGB
Photos, messages, medical records, payment data and witness details should be preserved in an orderly way. Nothing should be deleted, altered or reconstructed later.
Read more on serious bodily harm under section 84 StGB
Before any statement it must be clear what is in the file and which points are incriminating or exculpatory. Silence, partial statements and written submissions are different tools.
Read more on serious bodily harm under section 84 StGB
Before a decision or trial, evidentiary applications, exculpatory documents and the procedural goal should be clear.
Read more on serious bodily harm under section 84 StGB
Section 83 StGB covers intentional bodily injury or damage to health. Section 84 StGB increases the classification where the act causes damage to health or inability to work for more than 24 days or where the injury is inherently serious.
The distinction is not just a heading in the file. It affects jurisdiction, sentencing range, diversion prospects and the need for expert evidence.
The first records are often more important than later memories. Medical documentation, photos, surgery reports, work-incapacity confirmations and follow-up checks show how serious the injury really was.
From a legal perspective, records should be presented completely but in an orderly way. Isolated ambiguous phrases can otherwise create an image that is too severe or too mild.
In serious injury cases courts frequently rely on medical experts. The opinion must explain which injury exists, how long the damage to health lasted and whether the alleged act caused it.
The defence reviews assumptions, the record base and causation. Where pre-existing conditions, several participants or unclear mechanics exist, precise questions to the expert may be decisive.
Long-term consequences can aggravate the case further. Section 85 StGB concerns very serious consequences, for example permanent serious damage to health or serious impairment of important functions.
Such allegations must not be inferred mechanically from a serious injury. They require a reliable medical basis and a precise link to the act.
The legal classification follows the concrete consequences.
| Rule | Überblick | Question |
|---|---|---|
| Section 83 | Basic offence | Injury or damage to health? |
| Section 84 | Serious consequence | More than 24 days or inherently serious? |
| Section 85 | Long-term consequence | Does a very serious consequence remain? |
Medical and legal review move together.
Initial report, photos and progress in order.
Sequence, witnesses and self-defence issues.
Question causation and duration of consequences.
Delimitation, diversion and evidence applications.
Twenty-four days are not automatic. The number matters, but it does not replace review of the actual injury, causation and evidentiary basis. Expert opinions must be reasoned and understandable.
Under section 84 StGB, among other situations, where damage to health or inability to work lasts more than 24 days or where the injury is inherently serious.
No. Medical records and expert opinions are central, but the legal classification is made by the court. Expert evidence can be reviewed and challenged.
Long-term consequences may bring section 85 StGB into play. This requires a reliable medical basis and a clear connection to the act.
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