Criminal defence for Assault in Bonn

Legal Basis

§ 223 StGB

Sentencing Range

Imprisonment up to five years or fine

Summary

Physically assaulting or damaging the health of another person

Assault (Bodily Harm) under Section 223 of the German Criminal Code – Overview

Simple assault is one of the most frequently prosecuted violent offences in German criminal law. Section 223 StGB protects physical integrity and health. Even a slap or a push can constitute the offence, provided it amounts to physical abuse or damage to health. For expatriates in Germany, it is important to understand that the threshold for criminal liability is lower than in many common law jurisdictions.

Statutory Text (Section 223 StGB – Excerpt)

Subsection 1: Whoever physically abuses another person or damages their health shall be liable to imprisonment of up to five years or a fine.
Subsection 2: The attempt is punishable.

Elements of the Offence in Detail

Physical Abuse

Physical abuse occurs when physical well-being or physical integrity is impaired to a not insignificant degree. This includes punches, kicks, pushes, but also spitting or administering substances that cause unpleasant physical effects.

Damage to Health

Damage to health means causing or aggravating a pathological condition – any deterioration of health. This covers bone fractures, bruises, cuts, as well as psychological impairments such as anxiety disorders or post-traumatic stress disorder.

Intent

The perpetrator must act intentionally, though conditional intent (dolus eventualis) suffices. Negligent bodily harm is covered by Section 229 StGB.

Typical Methods of Commission

Common scenarios include: domestic violence (intimate partner violence), altercations in nightlife or at events, road rage incidents, physical assaults in the workplace, sports injuries beyond the rules of the game, and violence at demonstrations or football matches.

Sentencing Range

Simple assault carries imprisonment of up to five years or a fine. For first-time offenders with minor injuries, a fine is often imposed, or proceedings are discontinued under Section 153a StPO subject to conditions. Simple assault requires a criminal complaint (Section 230 StGB) – without a complaint, prosecution only proceeds where there is a special public interest.

Typical Defence Strategies

Defence approaches include: self-defence (Section 32 StGB), especially in mutual confrontations, consent of the injured party (e.g. in sporting activities), challenging intent, questioning causation between the act and the injury, discontinuation of proceedings for lack of criminal complaint or due to minor culpability, victim-offender mediation (Section 46a StGB) for sentence mitigation or discontinuation, and scrutinising witness statements and the evaluation of evidence.

Typical case groups in bodily harm (§ 223 StGB)

From a fight outside a club to an allegation of domestic violence – bodily-harm proceedings live on the evidence. Often it is one statement against another, and the distinction between simple and dangerous bodily harm decides the sentencing range.

One statement against another

Where there are no neutral witnesses, careful assessment of the evidence matters. The defence works out contradictions in the accounts, critically examines injury certificates and watches for tendencies to incriminate. A premature statement can do more harm than good.

Self-defence and brawls

Anyone defending themselves against an attack may be justified by self-defence (§ 32 StGB). In mutual altercations, it must be clarified precisely who was the attacker and who the defender – often the key to the defence.

Dangerous bodily harm

The use of a dangerous tool, joint commission or a life-endangering treatment lead to § 224 StGB with an increased sentencing range. Whether an object counts as a „dangerous tool“ depends on the individual case and is frequently open to challenge.

Application, private prosecution and domestic violence

Simple bodily harm is generally prosecuted only on application or where there is a special public interest; sometimes parties are referred to the private prosecution route (§ 374 StPO). In allegations from the domestic sphere, protection orders and the emotional dynamics must be taken into account.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defence strategy depends substantially on the case file, the specific allegation and the evidence.

Written by attorney Philip Bafteh, criminal defense lawyer in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

More about the attorney →

Last updated: Juni 2026