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Offences against life and limb.

Before a jury or lay-judge court not only the accused is examined, the defence strategy itself is on trial. We defend in cases of murder, manslaughter and serious bodily harm, represent bereaved relatives as private parties and classify self-defence and negligence cases, with the experience these proceedings require.

Your personal attorney

Mag. Christopher Angerer

Your lawyer for criminal defence

Criminal proceedings are a matter of trust. One lawyer who walks with you from the first consultation through to the trial, everything from one hand.

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Defence experience before jury and lay-judge courts at Austrian regional courts, backed by the Salzburg firm Brandauer Rechtsanwälte, since 1978.

Assessment

In which role are you affected?

Five roles, five paths. The assessment classifies your situation and leads directly to the appropriate in-depth section, and, if you wish, to the request form. It does not replace legal advice in the individual case.

Already know you want to make an enquiry? Go straight to the form.

01 Question 1

Which best describes your situation?

Five roles, choose the one that fits best.

All paths at a glance

Overview of all answers.

01

Examine the private-party route and representation in criminal proceedings.

As a victim of serious bodily harm or a bereaved relative in a homicide case, you may join the criminal proceedings as a private party under sections 67 et seq. StPO. The private-party route allows you to assert your compensation claim, pain and suffering, treatment costs, bereavement compensation in line with Supreme Court practice, within the same proceedings, without separate civil litigation.

Findings in the criminal proceedings can be binding in the subsequent civil suit. Timely filing is required, if the deadline is missed, only a separate civil action remains. We assess your position, draft the joinder and represent you at trial.

In depth: offences matrix →
02

Immediate steps, contact a defence lawyer, exercise the right to silence.

In a serious case, murder, manslaughter, serious bodily harm with fatal outcome or permanent consequences, pre-trial detention and the trial begin within a short period. Before any statement, the right to defence counsel under section 164 (1) StPO applies; the right to silence protects against self-incriminating statements. Do not give a statement on the merits without counsel, not even informally to the police at the scene.

If pre-trial detention is threatened or imposed, we examine less restrictive measures under section 173 (5) StPO, file for periodic review and, where warranted, lodge a constitutional remedy under the GRBG. In parallel, we begin the file work, engage private experts and build the defence strategy for jury or lay-judge court.

In depth: jurisdiction matrix →
03

Diversion, penal order or trial, examine the options.

For negligent homicide (sections 80 and 81 StGB) and negligent bodily harm (section 88 StGB), typical after traffic, sport or supervision incidents, the defence line is regularly twofold: expert accident reconstruction on the breach of duty of care, contributory fault of the victim under section 1304 ABGB.

Procedurally, a diversion under sections 198 et seq. StPO often comes into play, fine, victim-offender mediation, community service or probation, without entry in the criminal record. Before any consent, we examine the evidence and the parallel civil-law consequences for the insurer recourse.

In depth: offences matrix →
04

Examine the right to refuse testimony and witness protection.

Witnesses are in principle obliged to testify (section 154 StPO), with instruction on the duty to tell the truth and the criminal liability for false testimony. There are, however, important exceptions: the right of close relatives to refuse testimony (section 156 StPO), the right to refuse self-incriminating statements, and special protection rules for victim witnesses.

In an affray (section 91 StGB) or comparable constellation, the witness status can shift to that of a suspect at any time. Before the testimony we examine your position, witness or potential suspect, and accompany you to the interview.

05

Self-defence and putative self-defence, build the line of defence early.

Section 3 StGB justifies the necessary defence against a present or imminent unlawful attack. The requirements are the present nature of the attack, the necessity of the defence and the right measure. Excess of self-defence from confusion, fear or fright (section 3 (2) StGB) acts as mitigation; intentional excess regularly remains unpunished, negligent excess can be punishable under the negligence offences.

Putative self-defence, the mistaken defender who assumes an attack that does not objectively exist, is governed by the rules on factual mistake (section 8 StGB). These constellations are evidentially demanding; early securing of traces, witnesses and image documentation is decisive.

In depth: offences matrix →
Offences against life and limb

From murder to negligent bodily harm, the sentencing range at a glance.

Sections 75 to 95 of the Austrian Criminal Code (StGB) group offences against life and limb in three categories: intentional homicide, negligent homicide, and bodily harm offences. The table sets out the basic sentencing range, the qualified version, and a short defence note for each.

Sections 75,95 StGB with sentencing ranges, qualifications and defence note. Source: RIS, verified 27 April 2026.
Offence Basic sentencing range Qualification / special case Defence note
Murder
Section 75
10 to 20 years or life Attempt punishable under section 15; jury court The intent question and the demarcation from manslaughter (section 76) are the central levers.
Manslaughter
Section 76
5 to 10 years Generally understandable strong emotional disturbance required Restrictive Supreme Court practice on the emotional disturbance, expert evidence is central.
Killing on request
Section 77
6 months to 5 years Serious and earnest request of the killed person Proof of the request; demarcation from assistance to suicide.
Assistance to self-killing
Section 78
6 months to 5 years 2022 reform, assistance under StVfG remains lawful Covers incitement and qualified assistance; demarcation from the lawful Sterbeverfuegung procedure.
Killing of a child during birth
Section 79
1 to 5 years Special offence applicable only to the mother Rare in practice; expert evidence on the psychological situation of the mother.
Negligent homicide
Section 80
Up to 1 year Cross-reference: traffic offences Breach of duty of care and foreseeability; contributory fault of the victim.
Negligent homicide, dangerous circumstances
Section 81 (1)
Up to 3 years Blood alcohol from 0.8 per mille; gross speed excess Proof of the particularly dangerous circumstances; expert accident reconstruction.
Negligent homicide, multiple victims
Section 81 (4)
Up to 5 years Qualification where several persons are killed Sentencing usually well below the maximum despite the high range.
Intentional bodily harm
Section 83
Up to 1 year or 720 daily rates Mistreatment with negligent consequence (subsection 2) Diversion under sections 198 et seq. CCP regularly possible for first-time offenders.
Serious bodily harm
Section 84
6 months to 5 years Subsection 4 with fatal outcome: 1 to 10 years Threshold of "24-day health impairment" or "in itself serious", medical expertise decisive.
Bodily harm with permanent consequences
Section 85
1 to 10 years Loss of a sense, limb, speech or reproductive capacity Lay-judge court; outcome qualification, intent on the consequence not required.
Bodily harm with fatal outcome
Section 86
1 to 10 years Death following from intentional bodily harm Foreseeability of the fatal outcome is the main defence line.
Intentional serious bodily harm
Section 87
1 to 5 years; qualified (subsection 2): 5 to 10 years Direct intent on the serious injury Demarcation from attempted homicide and from simple bodily harm.
Negligent bodily harm
Section 88
Up to 3 months or 180 daily rates; qualified: up to 1 or 2 years Cross-reference: traffic offences and slope accidents Diversion or victim-offender mediation (section 198 CCP) regular for first-time offenders.
Exposure
Section 82
6 months to 5 years Subsection 3 (fatal outcome): 1 to 10 years Demarcation from failure to render assistance; guarantor position essential.
Endangerment of physical safety
Section 89
Up to 3 months or 180 daily rates Abstract endangerment offence Concrete danger not required; often in traffic context.
Affray
Section 91
Up to 1 year or 720 daily rates Where death occurs: up to 2 years Active participation required; distancing and self-defence as defence lines.
Leaving an injured person
Section 94
Up to 1 year Where injury is serious: up to 3 years Central in the traffic context; cross-reference traffic offences.
Failure to render assistance
Section 95
Up to 6 months or 360 daily rates Applies to anyone, not only those involved Reasonableness of the assistance is the central question.

Source: Austrian Criminal Code (StGB) in the Federal Legal Information System (RIS), verified 27 April 2026. The defence note describes typical practice and does not replace case-by-case advice. Section 78 was substantially redrafted by the Sterbeverfuegungsgesetz (BGBl. I 242/2021) effective 1 January 2022.

Which court decides

Jury, lay-judge or single-judge court, the procedural route shapes the defence strategy.

Section 31 of the Austrian Code of Criminal Procedure (StPO) allocates criminal cases to four formations of court. The decisive factor is the statutory sentencing range of the offence: above ten years or life leads to the jury court, five to ten years to the lay-judge court, up to five years to a single judge of the regional court, up to one year to the district court. This allocation drives not only the trial format but also the appellate route.

Jurisdiction and appellate route for sections 75,95 StGB. Jury court for murder, lay-judge court for manslaughter and the qualified bodily-harm offences with up to ten years.
Offence Maximum penalty Competent court Appellate route
Murder
Section 75
Life / 20 years Jury court , 8 jurors + 3 professional judges, lay verdict on guilt, joint sentencing. Plea of nullity section 345 StPO + appeal on sentence; 3-day filing.
Manslaughter
Section 76
10 years Lay-judge court , 2 lay judges + 3 professional judges; joint guilt and sentencing decision. Plea of nullity section 280 + appeal on sentence section 283 StPO; 3-day filing.
Killing on request
Section 77
5 years Single judge, regional court Appeal on guilt and sentence (sections 464 et seq. StPO); full review at the higher regional court.
Assistance to self-killing
Section 78
5 years Single judge, regional court Appeal sections 464 et seq. StPO.
Killing of a child during birth
Section 79
5 years Single judge, regional court Appeal sections 464 et seq. StPO.
Negligent homicide
Section 80
1 year District court Appeal section 489 StPO.
Negligent homicide, dangerous circumstances
Section 81 (1)
3 years Single judge, regional court Appeal sections 464 et seq. StPO.
Negligent homicide, multiple victims
Section 81 (4)
5 years Single judge, regional court Appeal sections 464 et seq. StPO; lay-judge court possible on concurrent offences.
Intentional bodily harm
Section 83
1 year District court Appeal section 489 StPO.
Serious bodily harm (subsection 1)
Section 84 (1)
5 years Single judge, regional court Appeal sections 464 et seq. StPO.
Serious bodily harm with fatal outcome
Section 84 (4)
10 years Lay-judge court Plea of nullity section 280 + appeal on sentence.
Bodily harm with permanent consequences
Section 85
10 years Lay-judge court Plea of nullity section 280 + appeal on sentence.
Bodily harm with fatal outcome
Section 86
10 years Lay-judge court Plea of nullity section 280 + appeal on sentence.
Intentional serious bodily harm (subsection 1)
Section 87 (1)
5 years Single judge, regional court Appeal sections 464 et seq. StPO.
Intentional serious bodily harm (subsection 2)
Section 87 (2)
10 years Lay-judge court Plea of nullity section 280 + appeal on sentence.
Negligent bodily harm
Section 88
3 months / 1 / 2 years District court / single judge Appeal section 489 or sections 464 et seq. StPO.
Exposure
Section 82
5 years; with death 10 years Single judge; lay-judge court if fatal Appeal or plea of nullity section 280 StPO.
Affray
Section 91
1 / 2 years District court Appeal section 489 StPO.
Leaving / failure to assist
Sections 94, 95
6 months to 3 years District court / single judge Appeal.

Source: section 31 StPO and sections 280, 283, 345, 464 StPO. Jurisdiction follows the maximum statutory penalty of the specific offence; concurrent offences may shift the allocation.

Procedural timeline of a serious accusation

From initial suspicion to appellate judgment, six phases.

Serious accusations regarding life and limb follow a clearly structured procedure. The six phases run from the start of investigation through arrest and pre-trial detention to the appellate decision at the Supreme Court. The sticky sidebar (desktop) jumps directly to the relevant phase.

  1. 01
    Initial suspicion
    Hours to days

    Start of investigation and securing of evidence

    The police make first contact, secure traces at the scene, document injuries or the location of a body and question witnesses. Evidence created in this phase shapes the entire later procedure.

    For homicide and serious bodily harm, the competent public prosecutor, for Salzburg crime scenes the Salzburg public prosecutor, opens an investigation under section 1 StPO immediately. The police secure the scene, forensic technicians and the medical examiner are called in, DNA and toxicology samples are taken.

    A person who already knows that he or she may be considered a suspect has the right to consult a defence lawyer before the first interview under section 164 (1) StPO. Witnesses may invoke the right to refuse testimony under section 156 StPO if the suspect is a close relative.

    Legal basis: Section 1 StPO · Section 164 StPO · Section 156 StPO

  2. 02
    Arrest
    48 hours

    Arrest, presentation and the rights of the accused

    On strong suspicion and grounds for detention an arrest follows. The arrested person must be brought before the detention judge within 48 hours, the defence begins at the latest now.

    An arrest under section 170 StPO requires strong suspicion and one of the grounds for detention listed in section 173 (2) StPO. The arrested person must be brought before the detention judge within 48 hours. At this hearing the regional court decides on the imposition of pre-trial detention or on less restrictive measures.

    The rights of the accused under section 49 StPO, silence, defence counsel, access to the file, are particularly important in this phase. A statement made without counsel is rarely effectively put into perspective later; the right to silence protects against self-incriminating statements on the merits.

    Legal basis: Section 170 StPO · Section 173 StPO · Section 49 StPO

  3. 03
    Pre-trial detention
    Weeks to months

    Detention, periodic review and less restrictive measures

    Imposed pre-trial detention is reviewed at regular hearings. Less restrictive measures, reporting requirements, bail, electronically monitored house arrest, are the most important defence alternatives.

    Pre-trial detention requires one of the three grounds listed in section 173 (2) StPO: risk of flight, risk of obstruction, or risk of further offences. It is initially limited to 14 days, then to one month, then to two months; each extension requires its own hearing.

    Less restrictive measures under section 173 (5) StPO, directives, surrender of passport, bail, electronically monitored house arrest, are intended to avoid detention. Where the detention is considered unlawful, a constitutional remedy under the GRBG before the Supreme Court is available, with a six-week deadline from the contested decision.

    For clients in detention with cross-border issues we cooperate with our sister site haftrecht.at.

    Legal basis: Section 173 StPO · Section 175 StPO · GRBG

  4. 04
    Indictment
    Weeks

    Indictment, file access and strategy

    The public prosecutor brings charges. With the written indictment the trial preparation begins, file access, evidence motions, private expert opinions.

    The indictment under section 211 StPO determines the subject matter of the trial and the procedural route: with a sentencing range above ten years or life (murder) the jury court, between five and ten years (manslaughter, serious bodily harm with fatal outcome, bodily harm with permanent consequences) the lay-judge court, up to five years the single judge of the regional court.

    For the defence preparation, file access under section 51 StPO, motions for exculpatory evidence, the engagement of private experts (forensic medicine, psychiatry, toxicology) and strategic written submissions are central. Private parties, typically bereaved relatives or victims of serious bodily harm, can assert their compensation claims under sections 67 et seq. StPO within the criminal proceedings.

    Legal basis: Section 211 StPO · Section 51 StPO · Sections 67 et seq. StPO

  5. 05
    Trial
    Days to weeks

    Hearing of evidence before jurors or lay judges

    At trial witnesses are heard, experts are questioned, documents are read out and the closing argument is delivered. Before the jury court a verdict by the eight jurors decides the guilt question.

    Before the jury court (eight jurors plus three professional judges) the verdict of the lay jurors decides the guilt question alone; sentencing is then determined jointly with the professional judges. Before the lay-judge court (two lay judges plus three professional judges) all five members decide guilt and sentence as a single panel.

    Evidence regularly consists of expert reports of forensic medicine and psychiatry, criminalistic findings, witness statements, and often extensive image and video evaluations. Closing argument and final speech of the defence are tailored to the respective formation, before jurors with a stronger narrative and persuasive component, before lay-judge courts with a heavier weight on legal questions.

    Legal basis: Section 220 StPO · Section 252 StPO · Section 305 StPO

  6. 06
    Judgment and appeal
    3 days / 4 weeks

    Pronouncement, filing, plea of nullity

    With the pronouncement of the judgment the three-day deadline for filing the appeal begins. The written reasoning, plea of nullity, appeal, follows after service of the written judgment.

    Against the judgment of a lay-judge or jury court a plea of nullity to the Supreme Court is available; against guilt and sentence also the appeal on sentence (section 283 StPO). The first step is the formal filing within three days of pronouncement; the written reasoning follows after service of the judgment within four weeks (section 285 StPO).

    Once a judgment becomes final and new evidence emerges, retrial under section 353 StPO is available, typically following new DNA evidence or new witness statements. On the extraordinary route renewal under section 363a StPO (after an ECtHR decision), a constitutional complaint to the Constitutional Court and an individual application to the European Court of Human Rights remain open.

    Strategic options after the first-instance judgment in detail: Appeals pillar.

    Legal basis: Section 280 StPO · Section 283 StPO · Section 285 StPO · Section 353 StPO

In-depth topics

What we advise on in detail.

01

Self-defence and excess (§ 3 Austrian Criminal Code)

Section 3 justifies the necessary defence against a present unlawful attack. The requirements, the proportionality test and the case of excess from confusion, fear or fright (subsection 2) are among the most important defence levers in homicide and serious bodily harm proceedings.

02

Negligent homicide in road traffic (§§ 80, 81)

Section 80 carries up to one year of imprisonment, section 81 paragraph 1 up to three years where the act was committed under particularly dangerous circumstances (for example a blood alcohol level above 0.8 per mille), section 81 paragraph 4 up to five years if several people are killed. Expert accident reconstruction and the contributory fault of the victim are the central defence lines.

03

Bodily harm in the family setting and protection from violence

Sections 83 et seq. in the family context interact with the Austrian Protection from Violence Act: barring orders, restraining orders and eviction. A particular feature for the defence is the right of close relatives to refuse testimony under section 156 of the Code of Criminal Procedure and the private-party route within the family.

04

Affray (§ 91)

Section 91 already penalises the active participation in a brawl as soon as serious bodily harm or death has occurred as an objective condition of criminal liability. Defence lines are the distancing, the position as an uninvolved bystander and self-defence under section 3.

05

Pre-trial detention in serious crime cases (§ 173 Code of Criminal Procedure)

Grounds for detention, risk of flight, of obstruction and of further offences, periodic review hearings, less restrictive measures under section 173 paragraph 5 and electronically monitored house arrest. Where detention is considered unlawful, the constitutional remedy under the GRBG (Federal Constitutional Procedural Act on Personal Freedom) is open.

06

Sentencing in homicide cases (§§ 32,34)

Aggravating circumstances under section 33, mitigating circumstances under section 34, the special situations of killing in the heat of passion and killing on request. Subsequent compensation to the bereaved acts as a mitigating factor, even though active repentance under section 167, limited to property crimes, does not apply.

When an act falls under offences against life and limb

Offences against life and limb are codified in the first chapter of the special part of the Austrian Criminal Code, sections 75 to 95 StGB. The provisions cover the intentional homicide offences (murder, manslaughter, killing on request, assistance to self-killing, killing of a child during birth), negligent homicide in two degrees of severity (sections 80 and 81 StGB), bodily harm offences in all qualifications (sections 83 to 88 StGB), and the special offences of exposure, endangerment of physical safety, affray, leaving an injured person and failure to render assistance.

The breadth of the sentencing ranges shows the weight of the matter: while negligent bodily harm is punished with three months or a fine of up to 180 daily rates, murder carries imprisonment of ten to twenty years or life. In no other field of criminal law do detail questions, intent or negligence, causation, attribution of the qualifying outcome, the conditions of self-defence, decide between such different life paths as here.

Procedurally the sentencing range determines the formation of the court. Murder is heard before the jury court, eight jurors decide the guilt question by verdict, sentencing is determined together with three professional judges. Manslaughter, serious bodily harm with fatal outcome or with permanent consequences, bodily harm with fatal outcome and qualified intentional serious bodily harm come before the lay-judge court with two lay judges and three professional judges. The remaining offences, intentional and negligent bodily harm in their basic forms, negligent homicide in road traffic, affray, failure to render assistance, are heard before a single judge of the regional court or before the district court.

Defence in proceedings concerning life and limb requires more than legal precision. It needs an understanding for the situation of the accused in pre-trial detention, for the grief and the demands of bereaved relatives, for the meaning of medical expert opinions and for the procedural specifics of jury and lay-judge trials. We accompany clients from the first interview to the appellate instance, accused persons as well as bereaved or seriously injured persons who wish to strengthen their position as private parties.

Sentencing and mitigating factors

Sentencing follows the general rules of sections 32 to 34 StGB, supplemented by the specific sentencing ranges of the individual offences. Section 32 StGB sets out the basic line: the severity of guilt, the importance of the duty breached and the extent of the damage caused are decisive. In homicide cases it is particularly relevant whether death as an outcome was covered by intent, whether several persons were killed and which personal relationships were involved.

Aggravating circumstances under section 33 StGB include base motives, perfidy, cruelty, the commission of multiple offences and commission against a defenceless or particularly vulnerable person. In domestic homicide cases, the special protective situation of the family can be an additional aggravating factor. Section 34 StGB lists the mitigating circumstances: a previously unblemished record, a confession, restitution, action from honourable motives, provocation by the victim, strong emotional disturbance (already an element of the manslaughter offence), a change of intent in favour of the victim and the effort to avert the outcome.

In homicide cases the active-repentance rule of section 167 StGB does not apply, it is limited to property crimes. Subsequent compensation to bereaved relatives, however, acts as a mitigating factor under section 34 (14) StGB and can weigh significantly in sentencing, particularly within the lay-judge and jury court ranges, where every fluctuation of one or two years has serious personal consequences. In the traffic context the voluntary fulfilment of civil compensation claims often acts as mitigation without affecting the guilty verdict itself.

Jury and lay-judge court, the procedural route

Austrian criminal procedure recognises four formations of court at first instance. Allocation follows the statutory sentencing range of the offence, not the expected sentence. With a sentencing range of more than ten years or life imprisonment, a case goes before the jury court: eight jurors and three professional judges; the verdict on guilt is reached by the jurors alone, sentencing is determined jointly. With a sentencing range of more than five up to ten years or special multi-year ranges, the lay-judge court decides with two lay judges and three professional judges as a single panel. Sentencing ranges up to five years lie with the single judge of the regional court, sentencing ranges up to one year with the district court.

In the area of life and limb this means concretely: murder (section 75 StGB), jury court. Manslaughter (section 76 StGB), serious bodily harm with fatal outcome (section 84 (4) StGB), bodily harm with permanent consequences (section 85 StGB), bodily harm with fatal outcome (section 86 StGB) and qualified intentional serious bodily harm (section 87 (2) StGB), lay-judge court. The other intentional offences (sections 77 to 79, 84 (1), 87 (1) StGB) and negligent homicide under particularly dangerous circumstances (section 81 (1) and (4) StGB), single judge of the regional court. Intentional and negligent bodily harm in their basic forms, affray, leaving an injured person, failure to render assistance, district court.

This allocation directly influences the defence strategy. Before jurors the narrative and dramaturgical structure decides, closing arguments are addressed to lay persons, the credibility of witnesses and experts weighs heavily, the framing of the questions to the jury is itself a defence field. Before lay-judge courts the legal argument dominates; expert evidence and written preparation shape the proceedings. The appellate route differs accordingly: against lay-judge and jury court judgments a plea of nullity to the Supreme Court is available; against single-judge judgments an appeal on guilt and sentence to the higher regional court.

Self-defence, necessity and factual mistake

Self-defence under section 3 StGB is the most important justification ground in life-and-limb cases. A person who uses necessary defence to ward off a present or imminent unlawful attack on the life, health, physical integrity, freedom or property of himself or of another does not act unlawfully. The attack must be present, neither concluded nor merely feared. The defence must be necessary, the mildest available means of defence is to be chosen. Reactions exceeding the necessary are excess of self-defence: from confusion, fear or fright the intentional excess remains unpunished (section 3 (2) StGB), the negligent excess may be punishable under section 88 or section 80 StGB.

Putative self-defence is the defender’s mistake about the existence of a self-defence situation. A person who assumes an attack that does not objectively exist, for example a presumed threatening gesture or a misinterpreted movement, acts under section 8 StGB in factual mistake: intentional commission of the offence is excluded; negligent commission may be punishable under section 80 or section 88 StGB. The evidentiary situation in putative self-defence cases is demanding; early securing of image documentation, witness statements and medical findings is decisive.

Beyond self-defence further justification and excuse grounds apply: justifying necessity (section 10 (1) StGB) where an immediate danger can only be averted with proportionate means; excusing necessity (section 10 (2) StGB) where the danger threatens the life or limb of a person close to the actor; acting on order in narrowly defined circumstances for enforcement personnel; and a medical intervention covered by consent. Each of these grounds requires its own evidentiary work, defence in homicide and serious-injury cases often turns on whether such a ground can be plausibly presented.

Serious accusation, we build the defence.

Murder, manslaughter, serious bodily harm, pre-trial detention, private-party representation of bereaved relatives: in every constellation early decisions shape the outcome. Call us directly or send a message, callback within one business day, sooner in urgent cases.

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