Was the accident your fault? You walked away okay, but the other driver has a broken collarbone? Alternatively, did you fail to follow work instructions at work and your colleague suffered a concussion as a result? You’ve probably committed the crime of battery. What penalties do you face and how much will you pay in compensation? Find out in this article.
Crimes against health are a category under which all types of bodily harm fall. Specifically, these include:
Grievous bodily harm is committed by someone who intentionally causes grievous bodily harm to another. This is a more serious form of bodily harm where the perpetrator causes the victim to suffer a serious impairment of health or serious illness. It must cause the victim to suffer a restriction in his/her normal way of life and last for a long period of time (at least 6 weeks). This includes:
Acid burns leading to permanent facial disfigurement and loss of vision are examples of serious bodily harm. Alternatively, serious injury to the liver or kidneys as a result of a knife stab to the abdomen.
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Have you been charged with battery and prosecuted? The stakes are high and it is not worth going through the criminal process without consulting an attorney. An available attorney will conduct a careful analysis of the case and suggest a course of action for the criminal defense that will vigorously enforce your rights.
GBH, often incorrectly referred to as GBH, is a milder form. It is not directly defined by law, but in practice the main consideration is whether the injury results in impairment of normal life and work. At the same time, it should be considered that the condition lasts for a longer period of time (usually at least 7 days).
An example of a personal injury is, for example, a fracture of the arm which requires plastering and therefore prevents the victim from carrying out normal activities, such as writing or lifting objects, for several weeks. Alternatively, a mild concussion causing headaches and short-term memory problems.
Tip: Have you been harmed and are you considering filing a criminal complaint? We can advise you on how to proceed. We will protect your rights quickly, efficiently and profitably.
A person who intentionally causes bodily harm to another in the presence of intense excitement due to fear, relief, confusion or other excusable state of mind, or as a result of a previous reprehensible act of the injured party, commits bodily harm from excusable motives.
This could be, for example, a situation where one friend decides to take a shot at another and frightens him by jumping out of the bushes at night wearing a mask. If the other friend gets scared and punches him, breaking his nose, this would be excusable motive. Another example might be a situation where a person is subjected to intense psychological pressure, bullying or insults over a long period of time. One day, he or she cannot stand it any longer and in an act of temper physically attacks the provocateur.
A person commits negligent bodily harm if he negligently causes bodily harm to another by breaching an important duty arising out of his employment, profession, position or office or imposed on him by law. Serious negligent bodily injury is committed by a person who negligently causes serious bodily injury to another.
The Criminal Code definesnegligence as a situation where:
A typical example is grievous bodily harm resulting from a road traffic accident. For example, when a driver driving above the speed limit causes an accident that results in the crushing of the leg of another person involved in the accident , necessitating amputation. Another example can be seen in the work environment, for example, when a worker on a manufacturing floor fails to follow safety regulations when handling heavy tools. The tool comes loose and hits a colleague who suffers a knee injury.
Tip: Read when a negligent act is criminal.
Not every act resulting in injury is considered a criminal offence of battery. In the case of less serious injuries, i.e. injuries that are short-term and do not impede normal functioning or performance of work, it will only be a misdemeanor.
The decision is based mainly on the nature and severity of the injury, with the length of temporary disability playing a large role. However, the form of the assault itself is also taken into account.
Tip: Have you received a fine or summons ? The penalties can be high and it is not worth going through the process without consulting an attorney. An available attorney can help you with the right arguments as well as obtaining evidence.
Injuries can occur during a fight. It is not, however, a criminal offence of battery, even though it may seem so at first sight. In fact, fighting has its own definition within the Criminal Code and differs significantly from bodily injury.
In the case of battery, the attacker is on one side and the victim is on the other, who may or may not defend himself or herself against the attack. In the case of a fight, the attackers are all parties involved and therefore all intend to harm the other. They are therefore on a more equal footing. A related point is that if one participant injures the other, it is not a crime of battery but a crime of fighting.
The assailant faces a prison sentence of up to one year for merely taking part in the fight. If he causes serious bodily harm to another in the course of the fight, he is liable to imprisonment for 6 months to 5 years or a fine. The harshest penalty is if the attacker causes death in a fight. In this case, he or she will receive a prison sentence of two years to eight years.
Tip: How does alternative sentencing in the form of a fine work? Find out in the next article.
Preparation of a crime means that someone deliberately creates the conditions for the commission of a particularly serious crime, i.e. an intentional crime. Preparation is not punishable in the case of grievous bodily harm and in the case of both grievous and common negligent bodily harm. However, when it is punishable is in the case of grievous bodily harm. Here, preparation is viewed in the same way as the actual commission of the offence.
Attempt to commit the offence is then an act which is immediately directed towards the completion of the offence and which is carried out by the offender with the intention of committing the offence. Attempted bodily harm, grievous bodily harm and negligent bodily harm are punishable. Here again, the attempt is viewed in the same way as the actual commission of the offence.
Hint: We have discussed the preparation and attempted crime in detail in another article.
If you have committed a criminal offence, you will be interested in the penal rates. But in addition, the victim himself may also seek damages from you.
The penalties vary depending on whether the offence was merely battery, grievous bodily harm or excusable motive, and whether it was negligent.
For grievous bodily harm, you can get a prison sentence of three to 10 years. You will receive a more severe sentence (5 to 12 years’ imprisonment) if:
You will be sentenced to 8 to 16 years’ imprisonment if you have caused the death of the victim as a result of the grievous bodily harm.
Hint: We have discussed in detail what types of punishments are provided for in the law and for which offences they are imposed in our article.
The penalties for bodily harm are lighter. In its basic form, it carries a prison sentence of 6 months to three years:
If you cause grievous bodily harm to the victim, you can get 2 years to 8 years in the slammer. The maximum penalty is then set again for the death of the victim, specifically 5 to 10 years.
Tip: We have discussed everything about imprisonment in our article.
The default sentence is a maximum of one year’s imprisonment and four years in the case of grievous bodily harm. You can be sentenced to between one and six years’ imprisonment if you cause grievous bodily harm to two or more persons, a pregnant woman or a child under the age of 15. If the victim is killed , you face 2 years to 8 years in prison.
The basic penalty is imprisonment for up to two years or a ban on activity. You can get six months to 4 years and a monetary test if you have caused grievous bodily harm as a result of a breach of your duties arising from your employment, profession, position or function or a duty imposed by law.
If you cause grievous bodily harm to at least two persons because you have grossly violated environmental protection laws or occupational or transport safety laws or hygiene laws, you will be sentenced to two years to eight years’ imprisonment.
Were you charged and prosecuted? The stakes are really high and it doesn’t pay to go through the criminal process without consulting an attorney.
You are liable to imprisonment for up to one year or a ban on activity if you have caused bodily injury as a result of a breach of your duties arising from your employment, profession, position or office or a duty imposed on you by law.
If you cause bodily harm toat least two persons because you have grossly violated environmental protection laws or laws on occupational or transport safety or hygiene laws, you shall be sentenced to imprisonment for up to three years.
The victim can also claim damages against you as the perpetrator for personal injury. The Civil Code specifically states that you, as the wrongdoer, are obliged to compensate the injured party for his or her injuries with monetary compensation. This is intended to compensate for the pain and other non-pecuniary damage caused.
If the injury to health has hindered the victim’s better future (e.g. he/she cannot perform certain types of work), you must also compensate him/her for the impairment of his/her social life.
You must also pay for the costs of looking after the injured person’s health, personal care or household. The injured person may also claim an advance on these costs. If the victim dies or suffers serious bodily harm, you are also obliged to compensate the mental suffering of the spouse, parents, children or other close person. Similarly, you are obliged to compensate for funeral costs to the extent that they were not covered by the public benefit (which is CZK 5 000).
Tip: What are the principles of compensation? You can read about that in the next article.
If you are a victim, we have important information for you. For the offence of battery , in certain cases you cannot be prosecuted unless you give your consent. These are situations where the attacker is a person against whom you have a legal right to refuse to give a statement. This includes a spouse, partner, sibling, child or parent. You can also withdraw consent at any time.
However, there are also exceptions to this rule. The victim’s consent is not needed if:
Crimes against health include various forms of bodily harm. Grievous bodily harm includes serious and long-lasting impairments such as disfigurement or loss of capacity to work. Penalties range from 3 to 16 years imprisonment. Bodily harm includes minor injuries that restrict normal life in the long term. Penalties range from 6 months to 10 years imprisonment. Bodily injury for justifiable cause occurs when the perpetrator is highly agitated. The penalties are more lenient, up to 8 years imprisonment in the case of death. Negligent battery involves injury caused by a breach of duty. Penalties range from a ban on activity to 8 years imprisonment. Victims can claim damages for medical care and mental anguish. Criminal prosecution sometimes requires the consent of the victim, with exceptions such as death or a child under the age of 15.
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