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Emergency

Accusation of bodily harm: what to do?

The accusation of bodily harm weighs heavily and ranges from a scuffle to serious injuries. Often it is word against word. It is important not to testify prematurely but first to know the files, and to check possible justifications such as self-defense.

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Bodily harm is the physical mistreatment or damage to the health of another (§ 223 StGB). Simple bodily harm is usually prosecuted only on a criminal complaint or where there is a special public interest.
Anyone acting in a self-defense situation can be justified and then does not make themselves criminally liable (§ 32 StGB). A discontinuance or an offender-victim mediation can also come into consideration depending on the case.

What you should do now

  1. 1

    1. Remain silent

    Make no statements on the matter at first.

  2. 2

    2. Access the file

    Have the accusation, injury images and witness statements examined.

  3. 3

    3. Check self-defense

    Clarify whether a justification such as self-defense applies.

  4. 4

    4. Choose a strategy

    Decide, informed, on a statement, discontinuance or mediation.

How to spot the scam

  • You testify before you know the files and the evidence.
  • A possible self-defense situation is not asserted.
  • Damages are acknowledged without examination.

Frequently asked questions

What counts as bodily harm?

The physical mistreatment or damage to the health of another person (§ 223 StGB), for example hitting, kicking, but also inflicting pain or illness. More serious forms, for example with weapons or dangerous tools, are punished more strictly as dangerous bodily harm.

What does self-defense mean?

Anyone who fends off a present, unlawful attack with necessary and appropriate means is acting in self-defense and is justified (§ 32 StGB). Then there is no punishable bodily harm. But the limits of self-defense must be examined carefully so as not to assume an excess.

Should I testify at the police?

You need say nothing on the matter. Especially in word-against-word constellations it is often advisable to remain silent at first and decide on a statement only after accessing the file. This way you avoid committing yourself prematurely.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.