The criminal offense of bodily harm is regulated in § 223 StGB. Anyone who physically abuses another person or damages their health is liable to prosecution for bodily harm. The law provides for a fine or imprisonment of up to five years as a penalty.
By physical abuse, lawyers understand bad, inappropriate treatment without or against the will of the victim, as a result of which the victim’s physical well-being is more than negligibly impaired. When the materiality threshold is exceeded is partly controversial between lawyers. If the bodily harm is carried out with the consent of the injured person, the perpetrator only acts unlawfully if the act offends against morality (cf. § 228 StGB). Unauthorized treatment can also constitute physical abuse.
The second variant of the facts, the damage to health, is understood by lawyers to mean any creation, prolongation or increase of a (perhaps only temporary) pathological condition. This can be, for. B. wounds, nerves or organ diseases, organ or limb losses, or the loss or restriction of the functionality of body parts or biological processes.
The assault does not have to be completed. The attempt is also a criminal offense, which is regulated in Section 223 (2) StGB.
The qualified form of bodily harm is the dangerous bodily harm regulated in Section 224 of the Criminal Code. For special forms of offense (e.g. with a weapon or with another jointly), a higher range of penalties is provided (six months to ten years – in less serious cases three months to five years).
There is also the serious bodily harm regulated in Section 226 of the Criminal Code. This is a so-called success-qualified offense. As a result of the bodily harm of the perpetrator, the victim must have suffered an injury as specified in the law (e.g. loss of vision in one or both eyes).
Negligent bodily harm is also punishable. This regulates § 229 StGB.
The willful bodily harm according to § 223 is a so-called “application offense”. According to Section 230 (1) of the Criminal Code, the victim must file a criminal complaint to prosecute bodily harm. This is only not necessary if the law enforcement authority considers ex officio intervention to be necessary due to the special public interest in prosecution.
In practice, bodily harm is a common offense. Since the events are usually very dynamic and the influence of alcohol or drugs can also play a role, it is advisable to hire a well-versed criminal defense attorney at an early stage.
Lawyer Hamm has specialized in the defense against allegations of bodily harm, dangerous bodily harm and accusations of serious bodily harm. Do not react to letters from the police, but call lawyer Hamm right away so that he can support you from the start and exhaust all the possibilities of defense for you. Lawyer Hamm helps in criminal proceedings – throughout Germany.
Attorney Werner Hamm
Specialist lawyer for criminal law
Bogdahn & Partner mbB Rechtsanwälte
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