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What is negligent bodily harm?

Penalty Catalog
negligent bodily harmFine
or
Imprisonment up to 3 years

A negligent bodily harm according to Section 229 of the Criminal Code (StGB) represents a special case. This is different from the other types of bodily harm not a resolution to acknowledge.

The perpetrator injures another person unwillingly and / or unknowingly. This is particularly common negligent bodily harm in road traffic come about, for example when vehicle drivers overlook passers-by and cyclists or cause an accident due to a drunk driving.

Due to the criminal law provisions in the Criminal Code, bodily harm is however criminalized even if this was not intentionally brought about by the perpetrator.

But how is negligence exactly defined? What sentence does the criminal law provide according to § 229 StGB? You will learn this and more in the following counselor.

What does negligent bodily harm mean? Definition of negligence

Contrary to that Intent where the Knowledge and will of the perpetrator can be fundamentally assumed with regard to the committed act in case of negligence both elements or at least one of them absence.

In the case of the present negligence, it can be assumed that the accused did not know that his act could hurt another person and also did not want to - so he acted unwittingly and unwillingly. According to the legal definition, the agent leaves the disregard necessary due diligence.

However, there are terms of negligence in civil law another distinction between gross and simple negligence. The simple Negligence is by the Absence of knowing and wanting embossed. In the event of a grossly negligent act however, one can conditional knowledge the perpetrator for the possible consequences.

For example, a car driver who acts grossly negligent heavily drunk behind the wheel of his car puts. As a rule, he is aware that his impaired driving ability could provoke an accident and injure people in the process. However, he assumes that the worst case will not happen.

It is similar, for example, with Driving over a red light.

Other Examples of negligent bodily harm can be found below:

  • Road traffic violations with subsequent accidents such as speeding, distance offenses, red light violations, etc.
  • insufficiently secure storage against unauthorized access of weapons, medicines, lighters, poisons and other harmful substances, etc.
  • Violation of the security obligation such as missing covers over manholes and gullies, defective stairs, etc.
  • in the medical field, for example, treatment errors or damage due to neglected treatment, incorrect or insufficient staffing of hospital staff, etc.
  • Construction errors in buildings and much more. m.
From this distinction it follows that that negligent bodily harm is never possible in the presence of “willing”. Anyone who wants to hurt another person cannot act negligently. On the other hand, those who know conditionally that they could hypothetically injure others through their actions are acting negligently despite the conditional knowledge.

The distinction between simple and gross negligence is not firmly defined in criminal law. It is part of civil law disputes. Does a traffic accident victim after the crash, for example, for negligent bodily harm Compensation for pain and suffering before the civil chamber, the degree of negligence can influence the amount of compensation for pain and suffering. A A grossly negligent violation is usually to be assessed more strictly as one of simple negligence.

Negligent bodily harm: is further qualification possible?

Is also one in criminal law negligent serious or dangerous physical injury possible? No. In the case of negligent KV no further qualification is possible. In the case of all other facts, one can usually recognize intent. This means that the perpetrator willingly and knowingly hurt or wants to hurt another person.

If the authorities and courts determine the existence of negligence in the course of the investigation into bodily harm, the offense of negligent bodily harm is justified. Further gradations are not possible here.

Is attempted negligent bodily harm possible?

That is too not the case. As already mentioned in the remarks on negligence mentioned, this can not at the same time as an intent occur - both characteristics are opposite to each other. To one attempt but to make it possible in the first place it requires an intent and a scheduled execution. The perpetrator must be as clear as possible about the consequences of his or her act and actually want to injure another person. Without this, he cannot make a corresponding attempt at bodily harm.

The attempt excludes negligence due to the assumed intent. Attempted negligent bodily harm is therefore not possible.

The application offense: complaint for negligent bodily harm

To Section 230 of the Criminal Code Negligent bodily harm - just like minor bodily harm - is a so-called one Application offense. This means that a criminal negotiation of the case and the subsequent punishment are only possible if the victim or a legal guardian files a criminal complaint. The public prosecutor will not pursue any further negligent bodily harm that has not been reported.

With others more serious forms of bodily harm an application by the victim is not necessary. Here the public prosecutor automatically files charges.

Special case: negligent bodily harm with consent

In Section 228 of the Criminal Code is a specific case of assault named, which is generally punishable by impunity: the Bodily harm with prior consent. This section has entered the Criminal Code primarily because of medical developments, for every operation is by definition assault - an interference with the physical disability of a person.

Since an operation is sometimes more contribute to life saving and recovery the physical intervention is necessary to a certain extent. Therefore, every patient is required to have one before an operation Sign the declaration of consent. The affected person also receives an assessment of the situation and an explanation of the possible risks of the operation.

Lies no consent before, the operation cannot take place until no acute emergency that requires immediate action and intervention by the doctors.

A doctor can through the given declaration of consent subsequently no longer held liable for any consequences of personal injury - for example for pain or permanent scars. The doctor cannot usually be blamed for the death of a patient during a risky operation.

A Exception applies however, if the patient retains permanent damage, the due to negligence on the part of the doctor during the operation are. If, during general anesthesia, the anesthetist does not notice in time that the patient is not being supplied with sufficient oxygen and if the patient suffers permanent damage due to the permanent lack of oxygen, negligent bodily harm may be present. A penalty is then possible despite having given your consent.

The same applies, for example, if a surgeon is under the influence of alcohol or narcotics during surgery and thereby make a mistake. However, it is usually rather difficult to prove such processes.

Negligent bodily harm in the event of a dog bite

Is a dog bite also negligent bodily harm? If a person is harmed as a result of a dog, two options can be offered: one negligent or dangerous physical injury. However, the latter is rarely to be assumed, as the dog owner has to abuse the four-legged friend as a weapon and purposefully chase a person.

Usually it is negligent assaultwhen a dog injures another person, as this was usually not intentionally intended by the owner. Rather, the holder can be guilty of negligence if he does Do not let your dog walk on a leash or not put on a muzzle, although he knows that his dog snaps at times.

If an unsuspecting passer-by is injured, he must Dog owner not just with civil law claims how to calculate compensation claims. Is done by the victim Criminal complaint, can be the negligent bodily harm caused by the dog bite also criminal consequences entail.

The penalty for negligent bodily harm: fine or imprisonment?

Negligent bodily harm is also a criminal offense. The penalty range moves between Fines up to imprisonment of up to three years (§ 229 StGB).

Depending on the severity, negligent bodily harm is threatened with fines or imprisonment of up to three years.

The more severe the injury suffered by the victim as a result of the negligent act, the punishment can move within this given framework at the top. So generally after a traffic accident is also the Impose a fine possible.

A fine is however not to be confused with a general finewhich can be imposed by the administrative fines, for example in the context of a traffic offense. Rather, it is a judicial sanction that is to be determined within the framework of criminal proceedings.

The amount of the fine is precisely defined Not given. While fines are based on the stipulations in the catalog of offenses of the Kraftfahrt-Bundesamt (KBA) in Flensburg, the Fines depending on the individual case set.

Fines are based on the one hand on the monthly income of the guilty party and on the other hand on the number of daily rates set by the court.

A Daily rate corresponds thereby one thirtieth the monthly income available to the perpetrator. With a monthly income of 1,500 euros, the daily rate is 50 euros. If the monthly income of the accused is around 4,500 euros, the daily rate to be set in his case is 150 euros.

Depending on Individual case the court can determine an appropriate number of daily rates that the perpetrator has to pay as a punishment. A maximum of 360 daily rates can be set.

For example, if the court stipulates 80 daily rates, the above example would result in a fine of

  • 80 daily rates of 50 euros = 4,000 euros
  • 80 daily rates of 150 euros each = 12,000 euros
By the way: Is the imposed one Fine over 90 daily rates, the entry is made in the certificate of good conduct. The convicted person is thus considered to be criminal record.

As a penalty for negligent bodily harm, however, a Imprisonmentbe estimated. However, a custodial sentence is not automatically to be equated with one prison sentence. If the perpetrator has a positive social prognosis and other mitigating circumstances, a Custodial sentence of up to two years also suspended become.

This means that the convicted perpetrator remains at large and not in the closed execution must, provided he does not commit any further criminal offenses during the probation period.

However, the probation period is not identical to the duration of the imprisonment! The duration of the period can generally be between two and five years lying and also with further editions be connected.

For example, if a driver has committed negligent bodily harm as a result of drunk driving, it is possible that a Evidence of abstinence is provided by him - or, if there is a suspected alcohol problem, also a withdrawal.

How long is the statute of limitations? A negligent bodily harm becomes statute-barred Section 78 of the Criminal Code corresponding after five years. The statute of limitations can, however, be interrupted if, for example, due to the questioning of the accused and witnesses and the investigation. It is not possible to report negligent bodily harm after the statute of limitations and to prosecute it. So make sure that negligent bodily harm is no longer subject to a criminal complaint after the offense has expired. You should therefore always assert and register claims in good time.

Negligent bodily harm: Compensation for pain and suffering

Even after a personal injury caused by negligence compensation for pain and suffering can be claimed by the victim. This means that consequences from negligent bodily harm are to be expected not only in criminal law under the StGB, but also under civil law.

The claims asserted by the victim can vary depending on the severity the injury, the length of the loss of earnings and any treatment costs depending on the individual case different designs. Fixed amounts of compensation for pain and suffering do not exist in either criminal or civil law.

If the injured party claims compensation for pain and suffering, this can be done in a Adhesion processbe negotiated - in which criminal and civil consequences are up for debate - or in a separate, separate procedures in front of the civil chamber. The penalty for negligent bodily harm can hurt twice as a result of the victim's claims under civil law.

Negligent bodily harm & negligent homicide

After a fatal traffic accident, the mistakenly used term “negligent bodily harm resulting in death” is often used. In the Section 227 of the Criminal Code The supposedly most serious form of bodily harm is, however, corresponding to the serious or dangerous harm only compatible with the pattern of intent.

There is therefore no negligent bodily harm resulting in death in criminal law. The penalties for the death of a victim after an accident caused by negligence are no longer based on Section 17 of the Criminal Code, but rather on 16. Here, among the crimes against life, there is also the Offense of negligent homicide (Section 222 StGB).

After a fatal traffic accident, the person who caused the accident can basically be accused of two different offenses: negligent bodily harm and negligent homicide. However, the latter predominates and in the end there is a threat of a conviction under Section 222 of the Criminal Code:

"Anyone who causes the death of a person through negligence is punishable by imprisonment for up to five years or a fine."

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What is negligent bodily harm?
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