Spits on someone in injuries
Is spitting at bodily harm?
Committing a bodily harm loudlySection 223 of the Criminal Code (StGB) a person who is another personphysically harmed or mistreated. Can spitting at it constitute bodily harm?
It is not always easy to tell if there is actually oneMayhem is present or whether it is ainsult or the like. In individual cases, the public prosecutor's office must decide whether or not to pursue a criminal complaint. This guide tells you whether spitting is a punishable offense.
FAQ: Spitting on as bodily harm
It is legally controversial whether spitting on constitutes bodily harm or an insult.
As a rule, the perpetrator must expect a fine. Imprisonment is not common.
Is spitting a punishable offense?
Anyone who deliberately spits on another person makes himselfpunishable. Spitting is a criminal offense in the case lawcontroversial becomes. What is important is whether spitting constitutes physical abuse according to criminal law.
Only then would there be bodily harm. It should also be checked whether physical well-being has been impaired. If it is a matter of bodily harm, the perpetrator is responsible for spitting onpunishmentin the form ofmoney to go out. A prison sentence would be disproportionate to the offense.
Also, a claim can be madeCompensation for pain and suffering and damages arise for the victim. These would have to be sued under civil law. Such claims are not regulated in criminal law. The state receives the fine in criminal proceedings.
Spit on - assault or insult
The fact of spitting on the face, for example, can also be calledinsult be interpreted. In the event of an insult, the victim's sense of honor should be violated by the act. That would certainly be the case if you spit at it. With the victim one canDisgust and a gag reflex occur.
The StGB sees a penalty oftwo years' imprisonment or a fine in front. In the case of spitting on, a fine is to be assumed. The amount is determined by the judge.
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