Criminal defense for Grievous Bodily Harm in Bonn

Legal Basis

§ 226 StGB

Sentencing Range

Imprisonment of one to ten years

Summary

Causing grievous bodily harm through loss of sight, hearing, speech, reproductive capacity, or a limb, or permanent disfigurement or disability

Grievous Bodily Harm (Section 226 German Criminal Code) – Criminal Defense Against Grievous Bodily Harm Charges

Grievous bodily harm is a felony requiring particularly severe injury consequences and carrying a sentence of one to ten years of imprisonment – up to fifteen years in especially serious cases. Given the severe penalties, early and expert defense is of the utmost importance. For expats in Germany, it is critical to understand that this offence is classified as a felony, requiring mandatory legal defense.

Statutory Text – Section 226 StGB

Paragraph 1: If the bodily harm results in the injured person losing sight in one or both eyes, hearing, the ability to speak, or reproductive capacity (no. 1), losing an important bodily limb or permanently losing its use (no. 2), being permanently disfigured in a significant manner, or falling into infirmity, paralysis, or mental illness or disability (no. 3), the penalty shall be imprisonment from one to ten years.

Paragraph 2: If the offender intentionally or knowingly causes one of the consequences described in paragraph 1, the penalty shall be imprisonment of not less than three years.

Paragraph 3: In less serious cases of paragraph 1, the sentence shall be imprisonment from six months to five years; in less serious cases of paragraph 2, imprisonment from one to ten years.

Elements of the Offence in Detail

Qualified injury consequences: As a result-qualified offence, grievous bodily harm requires that one of the severe consequences exhaustively listed in paragraph 1 has occurred. The offender must have committed the basic offence (simple or dangerous bodily harm), and the severe consequence must have been caused precisely by the injurious act.

Loss of sensory capacity (no. 1): Covered is the permanent loss of sight, hearing, the ability to speak, or reproductive capacity. Temporary loss does not suffice.

Loss or unusability of an important limb (no. 2): Important limbs include arms, legs, hands, and feet. Loss can occur through severance or permanent functional unusability.

Permanent disfigurement or infirmity (no. 3): Significant permanent disfigurement exists when the external appearance is sustainably impaired through scars, burns, or similar alterations.

Intent-negligence combination: In the standard case (para. 1), negligence suffices regarding the severe consequence – the offender need not have intended it but must have been able to foresee it. If the offender intentionally or knowingly caused the severe consequence (para. 2), the minimum sentence increases to three years.

Typical Methods of Commission

Grievous bodily harm occurs in violent incidents involving knives, bottles, or other dangerous objects, in brawls with severe consequences, in domestic violence with serious injuries, in assaults, and through injuries caused by firearms or vehicles.

Sentencing Range

The penalty is imprisonment from one to ten years (para. 1). For intentional or knowing causation of the severe consequence, the minimum sentence is three years (para. 2). In less serious cases, the range is reduced. As a felony, grievous bodily harm has far-reaching procedural consequences – mandatory defense counsel (Section 140 StPO) is legally required.

Typical Defense Strategies

Defense against grievous bodily harm charges first examines whether one of the qualified consequences actually exists and whether the causal connection between the act and the consequence can be proven. A self-defense situation can eliminate unlawfulness. Classification as a less serious case offers significant defense potential in sentencing. It is further examined whether the accused acted intentionally or only negligently regarding the severe consequence. Attorney Bafteh has extensive experience defending serious violent offences and is committed to achieving the best possible defense.

Summons or accusation of Grievous Bodily Harm? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Grievous Bodily Harm requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

For an offence classified as a serious crime (Verbrechen), a penalty order and a discontinuation under Sections 153 or 153a of the Code of Criminal Procedure are excluded by law. Without an indictment, the case only ends if the prosecution discontinues it for lack of sufficient suspicion (Section 170 II) – for example because the allegation cannot be substantiated. If charges are brought, a trial follows, in serious cases before the Regional Court. This makes the defense during the investigation stage all the more important.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

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