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What is dangerous bodily harm?

When assault is charged, it's important betweenserious and dangerous physical injury to distinguish. Dangerous bodily harm is brought about by the actMeans defined. What exactly constitutes a dangerous physical injury and how thatSentence can be found in the following guide.

Bodily harm can occur both physically and mentally. An important criterion is always that the victim through the perpetratorphysically abused or at theHarmed health becomes. Bodily harm can result in imprisonment or a fine. Even the attempt is punishable.

The sentence always depends on theGravity indeedfrom. There are various offenses for bodily harm. This guide is about thedangerous bodily harm walk. Find out here what the Criminal Code (StGB) prescribes on the subject of dangerous bodily harm, what the penalty for dangerous bodily harm is and the answer to the question"What is dangerous bodily harm?".

FAQ: Dangerous bodily harm

When is dangerous physical injury (KV) present?

Here you can find out which features must be met in order for it to be a dangerous physical injury.

What is the penalty for dangerous bodily harm?

Dangerous bodily harm can be punished with a prison sentence of up to ten years.

Does dangerous bodily harm justify a claim for public money?

Yes. If you have been the victim of dangerous bodily harm, you have a civil right to compensation for pain and suffering.

Definition of dangerous bodily harm

Dangerous bodily harm, according to the definitionStGB § 224:

(1) Whoever assaulted

1. by introducing poison or other harmful substances,

2. by means of a weapon or other dangerous tool,

3. by means of a cunning attack,

4. jointly with another party or

5. by means of life-threatening treatment

commits, is punished with imprisonment of six months to ten years, in less serious cases with imprisonment of three months to five years.
(2) The attempt is punishable.

First of all, the individualTypes of dangerous bodily harm are explained in more detail:

  • Poison or other harmful substances: Organic or inorganic substances that are caused bychemical action can affect health (for example arsenic or strychnine). Substances harmful to health can have a mechanical (glass splinters in food) or thermal effect. AlsoVirusescome into question.
  • Weapon or dangerous tool: Dangerous tools include all objects that are suitable for the specific nature of their use,significant injuries bring about. A specific example of this is aweapon. However, sturdy shoes can also be considered a dangerous object if the perpetrator kicks the victim on the head. Self adogcan be a dangerous tool if properly trained.
  • Insidious robbery: Deceit implies that the deedplanned in advancehas been. The perpetrator has hidden his intentions and has thereby deprived or severely restricted the victim's ability to defend himself. The deceit can be done by ambushing, sneaking up on or countering with feigned peacefulness. A mere surprise attack from behind is not enough to prove a trick.
  • Communal: As the name suggests, dangerous bodily harm is shared byat least two people executed. This restricts the victim's ability to defend himself, as the perpetrators are overwhelmed.
  • Life-threatening treatment: This is the case when the assault is likely to endanger the life of the victim. An example would be if a carrier of theHI virus has unprotected sex with another person. Infection of the victim could lead to a later onset of the disease"AIDS" and would thus endanger the life of the victim.

Dangerous bodily harm - this punishment awaits the perpetrator

According to the StGB, the penalty for dangerous bodily harm issix months to ten years imprisonment. A less serious case of dangerous bodily harm is punished with imprisonment from three months to five years. The penalty for dangerous bodily harm depends on the seriousness of the offense or theHarm to the victim from.

The term of imprisonment for dangerous bodily harm by aFine however, it has to be avoidednot possible. A fine for dangerous bodily harm can, however, be civil law in the form ofpersonal injury compensation be sued.

The penalty for dangerous bodily harm can beprobation be suspended if there is a less serious case. Adisplay because of dangerous bodily harmnot mandatory. It is a so-calledOfficial offense, a criminal offense that the public prosecutor must prosecute ex officio.

Dangerous bodily harm according to juvenile criminal law: TheJuvenile Court Act defined in§ 1who is a teenager:

Younger is whoever is at the time of the actfourteen, but not yet eighteen, adolescent, who at the time of the act is eighteen but not yet twenty-one years old.

People in these age groups are afterJuvenile Criminal Law sentenced. The penalties are usually much lower than provided for in the StGB. The penalties of criminal law do not apply in the Juvenile Court Act.

Dangerous bodily harm - compensation for pain and suffering from the perpetrator?

For dangerous bodily harm see the sentence no fine in front. However, the aggrieved party has the option of the perpetratorto sue for pain and suffering under civil law. According toSection 823 of the Civil Code (BGB) is liable for damages, "[who] intentionally or negligently violates the life, body, health, freedom, property or any other right of another person". These requirements are met in the event of dangerous bodily harm.

Compensation for dangerous bodily harm is supposed to be oneCompensation and satisfaction represent for the damage suffered. In order to make a claim, it is important to identify the injuries from oneDocument the doctor in detail allow. The amount of the compensation payment is calculated based on the following factors:

  • Pain intensity: The type of pain and the duration of the pain exposure are relevant here. Since pain is a subjective sensation, each case must be examined individually. A general statement about the pain intensity cannot be made. It is also important to what extent the pain leads to incapacity for work and how long it lasts.
  • Intervention intensity: What matters for this point is whether the victim needs surgery to restore health. If non-surgical treatment is not sufficient, the compensation for pain and suffering to which the injured party is entitled increases if an operation is necessary.
  • Consequential damage: Furthermore, the claim to compensation for pain and suffering is increased if consequential damage occurs or if this is to be expected. This includes both physical and psychological damage, although it is often difficult to prove psychological damage in practice.

From all of these factors ultimately dependsAmount of compensation for pain and suffering from. In many cases the judges seek to unite both partiesout of court settlement - a comparison - to move. If both sides do not agree on a sum, the judge determines the amount of the compensation for pain and suffering. To do this, he can refer to a table of compensation for pain and suffering. In general, however, it is always oneDecision on a case-by-case basis.

Attempted dangerous bodily harm

Aattempted dangerous bodily harmhas the same penalty as dangerous bodily harm, although the attempt can be considered an attenuating circumstance. However, a precise distinction must be made between attempt and actually accomplished deed.

The attempt to commit a crime begins only when the perpetrator immediately toRealization of his deed begins. The mere planning of an act is not counted as an attempt. We can only speak of an attempt if the deed has not been completed. Attempted dangerous bodily harm will result in a penalty. Aexample should serve to clarify:

Someone with thatHI viruswho is infected and is aware of the infection is committing dangerous physical harm if he has unprotected sex with another person. If there is an actual infection, dangerous physical harm is the result"By means of a life-endangering treatment"Fulfills.

However, if the other person does not become infected, then fromattempted dangerous bodily harm to go out. The penalty will then be correspondingly lower.

Negligent dangerous bodily harm

In addition to attempted dangerous physical harm, dangerous physical harm can also resultnegligence result. In principle, that is negligenceOpposite of intent. Anyone who acts negligently is committing a breach of duty, but has no intention of harming anyone else.

To prove negligence, you have tochecked the following points become:

  • AMayhem must have taken place.
  • Anegligent behavior (a breach of duty) must have led to this bodily harm.
  • ARelationship between breach of duty and harm must exist. The violation must therefore be the result of the breach of duty.
  • ThePredictability the assault needs to be reviewed. Here the question arises whether the breach of duty could not obviously lead to bodily harm.
  • A possibleAvoidance negligent bodily harm must be examined.

Exists acausal relationship between the breach of duty and the bodily harm, negligence can be assumed. The minimum penalty for dangerous bodily harm resulting from negligence is then correspondingly lower.

Serious dangerous physical injury:AThere is no serious dangerous bodily harm in the sense of the StGB. It is either dangerous or serious bodily harm. Must for serious bodily harmConsequential damageto be found in the victim.

Were thisConsequential damage triggered by one of the methods of dangerous bodily harm, serious bodily harm can nevertheless be assumed, as the penalty is set significantly higher and the damage to the victim is decisive.

Dangerous bodily harm - a scheme

There are several ways to check a crime and classify it legallySchemes. So also for dangerous bodily harm. It is checked:

  • The facts: Here it must first be checked whether there has actually been bodily harm. Physical abuse or damage to the health of the victim must be proven.
  • The condition for dangerous bodily harm: According to the StGB, dangerous bodily harm can, as described above, be committed in five different ways. If a type has been used to carry out the act, dangerous bodily harm can be assumed.
  • The illegality: At this point it is checked which legal interests have been violated or which paragraphs are used in an indictment.
  • The blame: The point here is to determine the capacity for guilt and the extent of the guilt. If a perpetrator is incapable of guilt due to a mental illness, he cannot be punished in full. In addition, it must be checked whether the act resulted from negligence or was committed with intent.

With this scheme, both the public prosecutor's office and defense lawyer can classify the offense and make a corresponding oneaccusation or develop a defense strategy.

Dangerous bodily harm: an overview of the various judgments

Dangerous bodily harm elicits different judgments. Every act and the circumstances are different, so that a judgment is always an individual decision. In the following, individualFacts and with regard to dangerous bodily harmchecked become.

Choking as dangerous bodily harm?

Choking can be dangerous bodily harm. According to the Federal Court of Justice (BGH) it comes in a judgment on dangerous bodily harm, but on theDuration and intensity of gagging. A slight choke would not be dangerous bodily harm. Severe gagging over a long period of time can be considered as"Life-endangering treatment"be considered and thus constitutes an indictment of dangerous bodily harm.

Headbutt as dangerous bodily harm?

A headbutt can also be used as a"Life-endangering treatment" be interpreted. If the perpetrator rams the victim's head heavily against a wall, the act can potentially endanger the victim's life. Also here areDuration and intensity to consider.

Headbutt as dangerous bodily harm?

Punching a victim's head with a fist can do one too"Life-endangering treatment"represent. The violence on the head can lead to cerebral haemorrhage, which would threaten the life of the victim. Duration and intensity must be taken into account when forming a judgment.

Statute of limitations for dangerous bodily harm and repeat offenders

A statute of limitations excludes the punishment of an act after the statute of limitations. If after this period a report of dangerous bodily harm is made, the perpetrator canno longer legally prosecuted become. According to the StGB, one applies to dangerous bodily harm for which the maximum sentence is ten yearsLimitation period of ten years.

The statute of limitations begins withTermination of the act. However, it can be interrupted by many factors, so that a general statement cannot be made about the actual start of the limitation period.Interruptions can be, for example, the arrest warrant, the filing of a public lawsuit or the first questioning of the perpetrator.

Repeat offenders and first-time offendersAnyone who repeatedly commits bodily harm cannot receive a minimum penalty for dangerous bodily harm. The repetition of an act always affects increasing the penalty out.

For dangerous bodily harm the penalty is as First-time offender usually milder. Anyone who commits dangerous bodily harm without a previous conviction is usually not charged with the maximum penalty.

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What is dangerous bodily harm?
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