Criminal defense for Negligent Bodily Injury in Bonn

Legal Basis

§ 229 StGB

Sentencing Range

Imprisonment of up to three years or a fine (Section 229 StGB)

Summary

Harming another’s body through breach of the required duty of care

Negligent Bodily Injury (Section 229 StGB) – Overview

An allegation of negligent bodily injury under Section 229 of the German Criminal Code (StGB) often arises after traffic accidents, but also in workplace and sports accidents or medical treatment errors. Liability arises where a person injures another’s health through negligence.

What is negligent bodily injury?

Section 229 StGB penalises anyone who, by breaching the required care, physically injures or harms the health of another. Unlike intentional assault, Section 229 requires no intent to injure – foreseeability and avoidability of the outcome suffice. As a rule the offence is prosecuted only on application, unless there is a special public interest.

What penalties apply?

The range extends to three years’ imprisonment or a fine. In practice, cases involving first-time offenders and minor injuries often end with a discontinuation – including for lack of public interest or subject to conditions – or with a fine. In the traffic context a driving ban may additionally come into question.

Defence

The defence examines whether a breach of a duty of care exists, whether the injury was foreseeable and avoidable, and whether a valid criminal complaint was filed. Contributory fault of the injured person or third parties often plays a role. In traffic accidents, the distinction from failure to stop after an accident and negligent homicide is significant.

Frequently asked questions

Is negligent bodily injury always prosecuted? As a rule only on application by the injured person, unless the prosecution affirms a special public interest.

What sentence does it carry? Up to three years’ imprisonment or a fine; minor cases often end with a discontinuation or a fine.

Can the case be discontinued? Yes, frequently – for lack of public interest, for minor culpability, or subject to conditions.

Should I make a statement? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: In amateur football, a player seriously injures an opponent with a hard foul. Whether this is negligent bodily injury depends on whether the injury was still within the sport-typical risk or the rules were grossly disregarded – minor rule breaches are covered by consent to the risks of the game.

A particularity is the requirement of a criminal complaint: negligent bodily injury is generally prosecuted only on application, unless the prosecution affirms a special public interest. If the complaint is not filed within the three-month period or is withdrawn, the case often ends without a judgment.

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

Summons or accusation of Negligent Bodily Injury? 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 Negligent Bodily Injury 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

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Driving licence, bar period and MPU

In traffic cases, the threatened loss of the driving licence often weighs more heavily than the sentence itself. The defence examines the provisional withdrawal under Section 111a StPO, the length of the bar period under Section 69a StGB and the distinction between withdrawal and a temporary driving ban. The requirements for a later medical-psychological assessment (MPU) for re-issue should also be considered early.

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.