Bodily Harm

The Criminal Code defines bodily harm as causing a medical condition that involves the impairment of normal physical or mental functions and, at the same time, hinders the performance of usual activities for a non-negligible period or has an adverse effect on the victim’s usual way of life. This substantial deterioration of the victim’s health must be caused as a result of the perpetrator’s actions. Typically, this involves a physical injury or illness where the recovery period lasts at least 7 days and which requires medical treatment. Symptoms usually include pain, nausea, or fever, and are associated with restricted movement, being bedridden, insomnia, loss of appetite, or the weakening of sensory organ functions. The punishment is usually a suspended sentence or a fine. The maximum penalty, which is realistically only imposed in exceptional cases, is 3 years in prison for the basic offense.

Practical examples of bodily harm

An example from our practice is a client causing a car accident where the driver of the other vehicle ended up in the hospital. Another case involved a client’s physical assault on another person who had been threatening them for a long time, resulting in that person being placed on medical leave after the attack.