Assault (§ 223 StGB) – Elements, Penalties and Defence

Assault (§ 223 StGB) – Elements, Penalties and Defence

Assault (Assault) under § 223 of the German Criminal Code (Strafgesetzbuch – StGB) is one of the most frequently charged violent offences in Germany. The provision covers a broad range of conduct, from a single punch to sustained physical aggression. German law distinguishes between the basic offence and various aggravated forms, each carrying different penalties. This guide explains the elements of the basic assault offence, the related aggravated forms, sentencing practice and available defence strategies.

Legal Framework

§ 223 StGB protects the bodily integrity and physical health of individuals. The basic assault offence is a so-called Antragsdelikt (offence prosecuted upon complaint) – meaning that prosecution generally requires a criminal complaint (Strafantrag) from the victim, unless the prosecution considers that there is a special public interest in pursuing the case (besonderes öffentliches Interesse). In practice, the prosecution frequently affirms such an interest, particularly where the assault took place in public or involved significant injury.

Elements of the Offence

Physical Maltreatment (körperliche Misshandlung)

Physical maltreatment is defined as any inappropriate treatment that impairs the physical well-being or bodily integrity of the victim to more than a negligible degree. This includes hitting, kicking, pushing, pulling hair, spitting at someone or similar physical acts. The impairment must be tangible – a mere touch or trivial unpleasantness does not suffice.

Damage to Health (Gesundheitsschädigung)

Alternatively, the offence is committed by causing or maintaining a pathological condition, whether physical or psychological. This includes causing injuries, illness, psychological distress of clinical significance or the worsening of an existing medical condition. The damage to health must go beyond merely trivial effects.

Intent (Vorsatz)

The basic offence requires at least conditional intent (bedingter Vorsatz or dolus eventualis) – meaning the accused must have at least recognised the possibility that their conduct could cause physical harm and accepted that outcome. Negligent assault is separately punishable under § 229 StGB.

Aggravated Forms of Assault

German criminal law provides for several aggravated forms of assault, each defined in a separate provision:

Dangerous Assault (§ 224 StGB – Aggravated Assault)

This applies where the assault is committed by means of a weapon or other dangerous instrument, by means of a covert attack (hinterlistiger Überfall), jointly with another person, or by means of a life-endangering method. The penalty is six months to ten years’ imprisonment.

Grievous Bodily Harm (§ 226 StGB – Grievous Bodily Harm)

This applies where the assault causes permanent serious consequences such as loss of sight, hearing, speech or a limb, significant permanent disfigurement or long-term disability. The penalty is one to ten years’ imprisonment.

Assault Causing Death (§ 227 StGB – Assault mit Todesfolge)

Where an assault results in the death of the victim, the penalty is not less than three years’ imprisonment. The death must have been at least a foreseeable consequence of the assault, even if it was not intended.

Assault Against Persons in Positions of Trust (§ 225 StGB – Misshandlung von Schutzbefohlenen)

Assaulting persons under the care or supervision of the accused – such as children, elderly persons in care or persons with disabilities – carries a penalty of six months to ten years’ imprisonment.

Negligent Assault (§ 229 StGB – Fahrlässige Assault)

Causing bodily harm through negligence is punishable with up to three years’ imprisonment or a fine. This applies, for example, in traffic accidents where the driver’s negligent conduct caused injuries.

Mutual Affray (§ 231 StGB – Beteiligung an einer Schlägerei)

Participation in a brawl or an attack carried out by several persons is punishable if the affray results in death or grievous bodily harm, regardless of the individual participant’s causal contribution.

Sentencing

For basic assault under § 223 StGB, the penalty is up to five years’ imprisonment or a fine. In practice, first-time offenders who caused relatively minor injuries frequently receive fines or suspended sentences. The court considers the severity of the injuries, the manner and duration of the assault, the relationship between the parties, the accused’s prior criminal record and any efforts at reconciliation or compensation.

For aggravated forms, the minimum sentences are higher, and suspended sentences become less common as the severity increases.

Defence Strategies

Self-Defence (Notwehr, § 32 StGB)

Self-defence is a complete justification under German law. The accused must have been responding to an ongoing or imminent unlawful attack and must have used a means of defence that was necessary and proportionate. Unlike some other legal systems, German law does not generally impose a duty to retreat before using force in self-defence, though the response must remain within the bounds of what was required to repel the attack.

Consent (Einwilligung)

The victim’s effective prior consent to the physical contact can exclude criminal liability, provided the assault does not violate public morals (gute Sitten) under § 228 StGB. This defence is relevant, for example, in the context of contact sports or consensual physical activities. The consent must be voluntary, informed and given by a person capable of consenting.

De Minimis / Trivial Conduct

Where the physical contact was so minor that it did not impair the victim’s well-being to any appreciable extent, the elements of the offence are not met. A light touch, gentle push or similar trivial contact does not constitute criminal assault.

Provocation (Provokation)

While provocation by the victim does not provide a complete defence, significant provocation can be considered as a mitigating factor at sentencing. In some cases, provocation may also be relevant to the assessment of whether the accused acted in the heat of the moment or with full deliberation.

Withdrawal of the Criminal Complaint

Since basic assault requires a criminal complaint (Strafantrag) by the victim (unless the prosecution affirms a special public interest), a settlement between the parties leading to the withdrawal of the complaint can result in the discontinuation of proceedings. This approach often involves victim-offender mediation (Täter-Opfer-Ausgleich) or the payment of compensation.

How We Can Help

Assault charges can arise from a wide range of situations – from bar fights and domestic disputes to traffic altercations and workplace conflicts. Rechtsanwalt Bafteh provides experienced criminal defence in assault cases, including analysis of the evidence, identification of applicable defences, negotiation with the prosecution and victim, and representation at trial. BAFTEH Strafverteidigung also assists with efforts to achieve case discontinuation through settlement or victim-offender mediation. Early consultation with a defence lawyer is strongly recommended, particularly before making any statements to the police.

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.

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Last updated: Mai 2026