List of offenses under the Austrian Criminal Code

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This list contains all criminal offenses of the Austrian Criminal Code, including the scope of punishment and subject matter jurisdiction.

First section - Offenses against life and limb

First section - Offenses against life and limb
paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit Material jurisdiction
Section 75 murder ten years 20 years Lifelong Regional Court f. Criminal cases, jury
Section 76 homicide 5 years ten years Regional Court f. Criminal cases, jury court
Section 77 killing on demand 6 months 5 years Regional Court f. Criminal matters
§ 78 Participation in suicide 6 months 5 years Regional Court f. Criminal matters
Section 79 Killing a child at birth 6 months 5 years Regional Court f. Criminal matters
§ 80 1 Negligent homicide 1 year 720 daily rates District Court
2 Multiple negligent homicide 2 years District Court
§ 81 1 Grossly negligent homicide 3 years Regional Court f. Criminal matters
2 3 years Regional Court f. Criminal matters
3 Multiple gross negligence 6 months 5 years Regional Court f. Criminal matters
§ 82 1 suspension 6 months 5 years Regional Court f. Criminal matters
2 6 months 5 years Regional Court f. Criminal matters
3 resulting in death 1 year ten years Regional Court f. Criminal matters
§ 83 1 Mayhem 1 year 720 daily rates District court, possibly also regional court f. Criminal matters
2 1 year 720 daily rates District court, possibly also regional court f. Criminal matters
3 to a person who is responsible for checking compliance with the conditions of carriage or the control of a means of transport of an establishment serving public transport during or because of their activity 2 Regional Court f. Criminal matters
Section 84 1 Serious assault 3 years Regional Court f. Criminal cases, single judges
2 3 years Regional Court f. Criminal matters
3 at least 3 bodily harm 3 years Regional Court f. Criminal matters
4th serious bodily harm 6 months 5 years Regional Court f. Criminal matters
5 6 months 5 years Regional Court f. Criminal matters
§ 85 1 Bodily harm with serious permanent consequences 6 months 5 years Regional Court f. Criminal matters
2 when hurting 1 year ten years Regional Court f. Criminal matters
Section 86 1 Assault with fatal outcome 1 year ten years Regional Court f. Criminal matters
2 in case of damage to health 1 year 15 years Regional Court f. Criminal matters
§ 87 1 Intentional grievous bodily harm 1 year ten years Regional Court f. Criminal matters
2 1st case with severe permanent consequences 1 year 15 years Regional Court f. Criminal matters
2 2nd case resulting in death 5 years 15 years Regional Court f. Criminal matters
§ 88 1 Negligent assault 3 months 180 daily rates District Court
2 Exclusion reason
3 Grossly negligent bodily harm 6 months 360 daily rates District Court
4 1st case Negligent grievous bodily harm 6 months 360 daily rates District Court
4 2nd case Grossly negligent serious bodily harm 2 years Regional Court f. Criminal cases, single judges
4 3rd case Multiple negligent grievous bodily harm 3 years Regional Court f. Criminal cases, single judges
§ 89 Endangering physical safety 3 months 180 daily rates District Court
§ 90 1 Consent of the injured party
§ 91 1 1st case Brawl - fight with aggravated assault 1 year 720 daily rates Regional Court f. Criminal matters
1 2nd case Fatal brawl 2 years Regional Court f. Criminal matters
2. 1 case Assault by several with assault 6 months 360 daily rates Regional Court f. Criminal matters
2. 2 case Assault by several people with serious bodily harm 1 year 720 daily rates Regional Court f. Criminal matters
2. 3 case Assault by several resulting in death 2 years Regional Court f. Criminal matters
2a Fight or attack by several people in a security area at a major sporting event (Section 49a SPG) 1 year 720 daily rates Regional Court f. Criminal matters
3 Exclusion reason
Section 91a 1 Assault on employees entrusted with certain tasks of an institution serving public transport 6 months 360 daily rates Regional Court f. Criminal matters
2 Exclusion reason
§ 92 1 Torturing or neglecting underage, younger or defenseless people 3 years Regional Court f. Criminal cases, single judges
2 3 years Regional Court f. Criminal cases, single judges
3 1st case with severe permanent consequences 6 months 5 years Regional Court f. Criminal cases, single judges
3 2nd case resulting in death 1 year ten years Regional Court f. Criminal cases, single judges
§ 93 1 Overexertion of underage, younger people or people who need to be careful 2 years Regional Court f. Criminal cases, single judges
Section 94 1 Letting an injured person stab 1 year 720 daily rates District Court
2 1st case resulting in serious bodily harm 2 years Regional Court f. Criminal cases, single judges
2 2nd case resulting in death 3 years Regional Court f. Criminal cases, single judges
3 Excuse me
4th Exclusion reason
Section 95 1 1st case Failure to provide assistance 6 months 360 daily rates District Court
1 2nd case resulting in death 1 year 720 daily rates District Court
2 Unreasonableness

Section two - termination of pregnancy

Section two - termination of pregnancy
paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit Material jurisdiction
Section 96 1 1st case Termination of pregnancy 1 year 720 daily rates Regional Court f. Criminal matters
1 2nd case in the case of commercial activity 3 years Regional Court f. Criminal matters
2 1st case by non-doctor 3 years Regional Court f. Criminal matters
2 2nd case by non-doctor in the case of commercial activity 6 months 5 years Regional Court f. Criminal matters
2 3rd case resulting in death 6 months 5 years Regional Court f. Criminal matters
3 1st case by pregnant woman herself 1 year 720 daily rates Regional Court f. Criminal matters
3 2nd case by another 1 year 720 daily rates Regional Court f. Criminal matters
Section 97 Impunity for the termination of pregnancy
Section 98 1 1st case Termination of pregnancy without the consent of the pregnant woman 3 years Regional Court f. Criminal matters
1 2nd case resulting in death of the pregnant woman 6 months 5 years Regional Court f. Criminal matters
2 Exclusion reason

Section Three - Offenses against Freedom

Section Three - Offenses against Freedom
paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit Material jurisdiction
Section 99 1 Deprivation of liberty 3 years Regional Court f. Criminal matters
2
  • longer than a month or
  • under particular agony or with particularly serious disadvantages
1 year ten years Regional Court f. Criminal matters
Section 100 Kidnapping an insane or defenseless person for sexual abuse 6 months 5 years Regional Court f. Criminal matters
Section 101 Kidnapping an Underage Person for Sexual Abuse 6 months 5 years Regional Court f. Criminal matters
Section 102 1 Extortionate kidnapping ten years 20 years Regional Court f. Criminal matters
3 resulting in death ten years 20 years lifelong Regional Court f. Criminal matters
4th voluntary renunciation of coveted performance 6 months 5 years Regional Court f. Criminal matters
Section 103 1 Tradition to a foreign power ten years 20 years Regional Court f. Criminal matters
2 no significant danger to the victim 5 years ten years Regional Court f. Criminal matters
Section 104 1 slavery ten years 20 years Regional Court f. Criminal matters
2 who causes another to be enslaved or put in a slavery-like position ten years 20 years Regional Court f. Criminal matters
Section 104a 1 human trafficking 5 years
3 using violence or dangerous threats 6 months 5 years Regional Court f. Criminal matters
4th
  • in the context of a criminal organization or
  • using severe force or
  • in the event of danger or particularly serious disadvantage for the victim
1 year ten years Regional Court f. Criminal matters
5 against underage person 1 year ten years Regional Court f. Criminal matters
Section 105 1 coercion 1 year 720 daily rates Regional Court f. Criminal matters
2 Justification
Section 106 1 Heavy coercion 6 months 5 years Regional Court f. Criminal matters
2 with suicide or attempted suicide by the victim 1 year ten years Regional Court f. Criminal matters
3
  • for the purpose of prostitution or
  • to participate in a pornographic performance against an underage person or
  • in the context of a criminal organization or
  • using severe force or
  • in case of danger or
  • with a particularly severe disadvantage for the victim
1 year ten years Regional Court f. Criminal matters
Section 106a 1, 2 Forced marriage 6 months 5 years Regional Court f. Criminal matters
3 with suicide or attempted suicide by the victim 1 year ten years Regional Court f. Criminal matters
Section 107 1 Dangerous threat 1 year 720 daily rates Regional Court f. Criminal matters
2
  • with death,
  • with significant mutilation or conspicuous disfigurement,
  • with a kidnapping,
  • with an arson,
  • with a risk from nuclear energy, ionizing radiation or explosives or
  • with the destruction of economic existence or social position

over a long period of time

3 years Regional Court f. Criminal matters
3 with suicide or attempted suicide by the victim 1 year ten years Regional Court f. Criminal matters
Section 107a 1 Persistent pursuit 1 year 720 daily rates Regional Court f. Criminal matters
3 Suicide or attempted suicide 3 years Regional Court f. Criminal matters
Section 107b 1 Continued use of violence 3 years Regional Court f. Criminal matters
3
  • against a minor or defenseless person due to frailty, illness or mental disability
  • creates comprehensive control of the injured person's behavior through the act or causes a significant restriction of the injured person's independent lifestyle
6 months 5 years Regional Court f. Criminal matters
4 1st case
  • in an excruciating way
  • Repeatedly commits crimes against sexual self-determination and integrity in the course of continued violence
1 year ten years Regional Court f. Criminal matters
4 2nd case
  • according to paragraph 3 bodily harm with serious permanent consequences (§ 85)
  • Violence according to Paragraph 3 for more than 1 year
5 years 15 years Regional Court f. Criminal matters
4 3rd case at death ten years 20 years Regional Court f. Criminal matters
5 Exclusion reason
§107 c 1 Continued harassment via a telecommunications or computer system 1 year 720 daily rates Regional Court f. Criminal matters
2 Suicide or attempted suicide 3 years Regional Court f. Criminal matters
Section 108 1 illusion 1 year 720 daily rates Regional Court f. Criminal matters
Section 109 1 Trespassing 1 year 720 daily rates Regional Court f. Criminal matters
3
  • with intentional violence against a person or thing located there,
  • with a gun, or
  • with forced entry by several people
3 years Regional Court f. Criminal matters
Section 110 1 Unauthorized treatment 6 months 360 daily rates Regional Court f. Criminal matters

Fourth section - Offenses against honor

Fourth section - Offenses against honor
paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit Material jurisdiction
§ 111 1 Defamation 6 months 360 daily rates District Court
2
  • in a printing unit,
  • on the radio or
  • otherwise in a manner accessible to the general public
1 year 720 daily rates Regional Court f. Criminal matters
3 Grounds for suspension
Section 112 Proof of truth and proof of good faith
Section 113 Accusation of an already dismissed criminal offense 3 months 180 daily rates
Section 114 Impunity for exercising a right or coercion due to special circumstances Grounds for suspension
Section 115 insult 3 months 180 daily rates District Court
3 Excuse me
Section 116 Public insult to a constitutional representative body, the armed forces or an authority 3 months 180 daily rates Regional Court f. Criminal matters
Section 117 Eligibility to prosecute procedural prosecution requirements

Section Five - Violations of Privacy and Certain Professional Secrets

Section Five - Violations of Privacy and Certain Professional Secrets
paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit Material jurisdiction
§ 118 1 Violation of the confidentiality of letters and suppression of letters 3 months 180 daily rates
2 1. opens a closed container in which such a document is located or

2. uses a technical means to achieve its purpose without opening the seal of the document or the container (Z. 1)

3 months 180 daily rates
3 Suppression or misappropriation of a letter or other document (para. 1) 3 months 180 daily rates
§ 118a 1 Unlawful access to a computer system 6 months 360 daily rates
2 on a computer system that is an essential part of the critical infrastructure 2 years
4th as a member of a criminal organization 3 years
Section 119 Violation of telecommunications secrecy 6 months 360 daily rates
Section 119a Improper interception of data 6 months 360 daily rates
§ 120 1 Misuse of sound recording or listening devices 1 year 720 daily rates
2 without the consent of the speaking 1 year 720 daily rates
2a publish a message not intended for him 3 months 180 daily rates
§ 121 1 Violation of professional secrets 6 months 360 daily rates
1a Request disclosure (inspection or exploitation) of secrets of your state of health 6 months 360 daily rates
2 to give yourself or another a pecuniary advantage or to inflict a disadvantage on another 1 year 720 daily rates
5 Exclusion reason
Section 122 1 Violation of a business or trade secret 6 months 360 daily rates
2 to give yourself or another a pecuniary advantage or to inflict a disadvantage on another 1 year 720 daily rates
4th Exclusion reason
Section 123 Exploration of a business or trade secret 2 years
Section 124 1 Exploration of a business or trade secret in favor of foreign countries 3 years
2 Recovery, use or other evaluation abroad 3 years

Sixth Section - Offenses against third party property

Sixth Section - Offenses against third party property
paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit Material jurisdiction
Section 125 Property damage 6 months 360 daily rates District Court
Section 126 1 Serious property damage 2 years 360 daily rates Regional Court f. Criminal matters
2 with damage exceeding € 300,000 6 months 5 years Regional Court f. Criminal cases, jury court
Section 126a 1 Data corruption 6 months 360 daily rates District Court
2 with damage exceeding € 5,000 2 years Regional Court f. Criminal matters
3 Multiple computer systems affected 3 years Regional Court f. Criminal matters
4th
  • with damage exceeding € 300,000
  • essential components of the critical infrastructure (Section 74 (1) no.11) are impaired
  • as a member of a criminal organization
6 months 5 years Regional Court f. Criminal cases, jury court
Section 126b 1 Disruption of the functionality of a computer system 6 months 360 daily rates District Court
2 a prolonged disruption 2 years Regional Court f. Criminal matters
3 multiple computer systems 3 years Regional Court f. Criminal matters
4th
  • with damage exceeding € 300,000
  • against a computer system that is an essential part of the critical infrastructure
  • as a member of a criminal organization
6 months 5 years Regional Court f. Criminal cases, jury court
Section 126c 1 Misuse of computer programs or access data 6 months 360 daily rates District Court
2 Exclusion reason
Section 127 theft 6 months up to 360 daily rates District Court
Section 128 1 Serious theft 3 years Regional Court f. Criminal cases, jury court
2 with damage exceeding € 300,000 1 year ten years Regional Court f. Criminal cases, jury
Section 129 1 Theft by burglary or with weapons 3 years Regional Court f. Criminal cases, single judges
2 Burglary into a home, theft with weapons 6 months 5 years Regional Court f. Criminal matters
Section 130 1 Commercial theft and theft within the framework of a criminal organization 3 years Regional Court f. Criminal cases, jury
2 serious theft 6 months 5 years
3 Burglary into a home, theft with weapons 1 year 10 years
§ 131 1 1st case Predatory theft 6 months 5 years Regional Court f. Criminal cases, jury
1 2nd case
  • with bodily harm with serious permanent consequences (Section 85) or
  • result in the death of a person
5 years 15 years Regional Court f. Criminal cases, jury
Section 132 1 Deprivation of energy 6 months 360 daily rates
2 1st case with a damage exceeding € 5,000 3 years
2 2nd case with a damage exceeding € 300,000 1 year ten years
§ 133 1 embezzlement 6 months 360 daily rates
2 1st case with a damage exceeding € 5,000 3 years
2 2nd case with a damage exceeding € 300,000 1 year ten years
Section 134 1 embezzlement 6 months 360 daily rates
2

without intent

6 months 360 daily rates
3 1st case with a damage exceeding € 5,000 2 years
3 2nd case with a damage exceeding € 300,000 6 months 5 years
Section 135 1 Constant deprivation of property 6 months 360 daily rates
2 1st case with a damage exceeding € 5,000 2 years
2 2nd case with a damage exceeding € 300,000 6 months 5 years
Section 136 1 Unauthorized use of vehicles 6 months 360 daily rates
2 with violence 2 years
3 1st case with a damage exceeding € 5,000 2 years
3 2nd case with a damage exceeding € 300,000 3 years
4th Exclusion reason
§ 137 Interfering with foreign hunting or fishing rights 6 months 360 daily rates
§ 138 Serious interference with foreign hunting or fishing rights 3 years
§ 139 Persecution requirement
§ 140 Use of force by a poacher 6 months 5 years
with bodily harm with permanent consequences (§85) or death of a person 5 years 15 years
§ 141 1 theft 1 month 60 daily rates
3 Exclusion reason
4th Exclusion reason
§ 142 1 robbery 1 year ten years
2 without using significant force 6 months 5 years
§ 143 Heavy robbery 1 year 15 years
in the event of severe injuries (Section 84 (1)) 5 years 15 years
in the event of bodily harm with severe permanent consequences (Section 85) ten years 20 years
when a person dies ten years 20 years or for life
§ 144 1 blackmail 6 months 5 years
2 Exclusion reason
§ 145 1 Heavy extortion 1 year ten years
2 commercially or over a longer period of time 1 year ten years
3 in the event of suicide or attempted suicide by the coerced or another 1 year ten years
§ 146 Amounted to 6 months 360 daily rates
§ 147 1 Serious fraud 3 years
1a doping 3 years
2 for damage in excess of € 5,000 3 years
3 in the case of damage in excess of € 300,000 1 year ten years
§ 148 Commercial fraud 3 years
serious fraud 6 months 5 years
§ 148a 1 Fraudulent data processing abuse 6 months 360 daily rates
2 1st case commercially or with damage in excess of € 5,000 3 years
2 2nd case in the case of damage in excess of € 300,000 1 year ten years
Section 149 1 Surreptitious performance 1 month 60 daily rates
2 A machine service not included in a product 6 months 360 daily rates
3 In the case of paragraph 2, the fee is only low 1 month 60 daily rates
§ 150 1 Emergency fraud 1 month 60 daily rates
3 Exclusion reason
§ 151 1 Insurance fraud 6 months 360 daily rates
2 Exclusion reason
§ 152 1 Credit damage 6 months 360 daily rates
§ 153 1 infidelity 6 months 360 daily rates
2 1st case with a damage exceeding € 5,000 3 years
2 2nd case with a damage exceeding € 300,000 1 year ten years
§ 153a Acceptance of gifts by those in power 1 year 720 daily rates
§ 153b 1 Abuse of funding 6 months 360 daily rates
2 as a manager (Section 74 (3)) 6 months 360 daily rates
3 with a damage exceeding € 5,000 2 years
4th with a damage exceeding € 300,000 6 months 5 years
§ 153c 1 Withholding employee contributions to social security 1 year 720 daily rates
3 Exclusion reason
4th Resurrection
§ 153d 1 Fraudulent registration to social security or construction workers leave and severance funds 3 years
3 commercially or in relation to a large number of people 6 months 5 years
§ 153e 1 Organized undeclared work 2 years
2 as a senior executive 2 years
Section 154 1 Usury 3 years
2 whoever exploits such a claim, which has passed on to him, usuriously 3 years
3 professionally committed 6 months 5 years
4th In addition to imprisonment, it can be recognized in all cases up to 360 daily rates
§ 155 1 1st case Usury 3 years
1 2nd case however, if a large number of people are seriously harmed 6 months 5 years
2 1st case whoever exploits such a claim, which has passed on to him, usuriously 3 years
2 2nd case however, if a large number of people are seriously harmed 6 months 5 years
§ 156 1 Fraudulent Krida 6 months 5 years
2 with a damage exceeding € 300,000 1 year ten years
§ 157 Damage to third-party creditors 6 months 5 years
with a damage exceeding € 50,000 1 year ten years
§ 158 1 Favoring a creditor 2 years
2 Exclusion reason
§ 159 1 Grossly negligent impairment of the interests of the creditors 1 year
2 in knowledge or negligent ignorance
3 anyone who grossly negligently affects their economic situation by acting in a manner that is prone to crimes (paragraph 5)
4.1 in the case of Paragraph 1 causes a loss of satisfaction in excess of € 800,000 2 years
4.2 in the case of para. 2 causes an additional loss of satisfaction in excess of € 800,000 2 years
4.3 if an act threatened with punishment in paragraphs 1 or 2 damages the economic existence of many people or, in the case of paragraph 3, would have damaged it 2 years
§ 160 1.1 Activities during business supervision, settlement proceedings or bankruptcy proceedings 1 year
1.2 in processing 1 year
1.3 in processing 1 year
§ 162 1 Enforcement prevention 6 months 360 daily rates
2 for damage in excess of € 3,000 3 years
Section 163 Enforcement prevention in favor of another
Section 164 1 Stolen goods 6 months 360 daily rates
2 who buys such a thing, otherwise acquires it or provides it to a third party 6 months 360 daily rates
3 for a value of more than € 3,000 2 years 360 daily rates
4th
  • with a value of more than € 50,000 or
  • who operates the receiving business on a commercial basis
6 months 5 years
Section 165 1 Money laundering 2 years 360 daily rates
2 anyone who knowingly acquires, stores, invests, administers, converts, utilizes or transfers such assets to a third party 2 years 360 daily rates
3
  • if the value exceeds € 50,000 or
  • as a member of a criminal organization that has joined forces for continued money laundering
6 months 5 years
5 1st case Components of the assets of a criminal organization (Section 278a) or a terrorist organization (Section 278b) 3 years
5 2nd case if the value exceeds € 50,000 6 months 5 years
Section 165a Active repentance
Section 166 1 1st case Family inspection 3 months 180 daily rates
1 2nd case if, however, the act would otherwise be threatened with a prison sentence of three years or more 6 months 360 daily rates
2 1st case who participates in the act only for the benefit of another (§ 12) 3 months 180 daily rates
2 2nd case if, however, the act would otherwise be threatened with a prison sentence of three years or more 6 months 360 daily rates
Section 167 Active repentance
§ 168 1 Gambling 6 months 360 daily rates
2 commercial 6 months 360 daily rates
§ 168a 1 1st case Chain or pyramid games 6 months 360 daily rates
1 2nd case the system is organized solely for charitable purposes or merely stakes of little value are required.
2 seriously harmed a large number of people 3 years
§ 168b 1 Agreements restricting competition in procurement procedures 3 years
2 Exclusion reason
§ 168c 1 Acceptance of gifts by employees or agents 2 years
2 The value of the benefit exceeds € 3,000 3 years
§ 168d Bribery of employees or agents 2 years
§ 168e Eligibility to prosecute

Seventh Section - Offenses dangerous to the public and offenses against the environment

Seventh Section - Offenses dangerous to the public and offenses against the environment
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 169 1 Arson on someone else's property
2 Arson on his own cause
3 1st case with death of one person or serious bodily harm to several people
3 2nd case with death of several people
§ 170 1 Negligent creation of a conflagration
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
§ 171 1 Intentional hazard from nuclear energy or ionizing radiation
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
§ 172 1 Negligent hazards from nuclear energy or ionizing radiation
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
§ 173 1 Intentional hazard from explosives
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
Section 174 1 Negligent hazard from explosives
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
§ 175 1 Preparing a crime by using nuclear energy, ionizing rays, or explosives
2 Exclusion reason
Section 176 1 Intentional public endangerment
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
Section 177 1 Negligent public endangerment
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
Section 177a 1 Manufacture and proliferation of weapons of mass destruction
2 1st case Knowledge of export to a war zone
2 2nd case Knowledge of deployment in a war zone
Section 177b 1 Unauthorized handling of nuclear material, radioactive substances or radiation equipment
2 1. a danger to life or serious bodily harm (Section 84 (1))
2 2. a considerable risk to the animal or plant population
2 3. a long-term deterioration in the condition of a body of water, soil or air
2 4. a removal expense that exceeds € 50,000
3 Making radioactive materials available for the production of nuclear weapons
4 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air
4 2nd case with death of one person or serious bodily harm to several people
4 3rd case with death of several people
Section 177c 1 Negligent unauthorized handling of nuclear material, radioactive substances or radiation equipment 360 daily rates
2 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air 360 daily rates
2 2nd case with death of one person or serious bodily harm to several people
2 3rd case with death of several people
Section 177d Deliberate unauthorized handling of substances that contribute to the depletion of the ozone layer 360 daily rates
Section 177e Grossly negligent unauthorized handling of substances that contribute to the depletion of the ozone layer 360 daily rates
§ 178 Intentional endangerment of people from communicable diseases 360 daily rates
§ 179 Negligent endangering of people from communicable diseases 360 daily rates
§ 180 1 Deliberate damage to the environment
2 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air
2 2nd case with death of one person or serious bodily harm to several people
2 3rd case with death of several people
Section 181 1 Negligent damage to the environment 360 daily rates
2 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air 360 daily rates
2 2nd case with death of one person or serious bodily harm to several people
2 3rd case with death of several people
Section 181a Severe exposure to noise 360 daily rates
Section 181b 1 Deliberate handling and disposal of waste in an environmentally hazardous manner 360 daily rates
2 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air
2 2nd case with death of one person or serious bodily harm to several people
2 3rd case with death of several people
Section 181c 1 Negligent handling and disposal of waste in an environmentally hazardous manner 360 daily rates
2 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air 360 daily rates
2 2nd case with death of one person or serious bodily harm to several people
2 3rd case with death of several people
§ 181d 1 Deliberate environmentally hazardous operation of systems 360 daily rates
2 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air 360 daily rates
2 2nd case with death of one person or serious bodily harm to several people
2 3rd case with death of several people
Section 181e 1 Grossly negligent environmentally hazardous operation of systems 360 daily rates
2 1st case with damage to the animal or plant population, long-term deterioration of the condition of a body of water, the soil or the air 360 daily rates
2 2nd case with death of one person or serious bodily harm to several people
2 3rd case with death of several people
§ 182 1 Other threats to the animal or plant population 360 daily rates
2 if there is a danger to the animal or plant population 360 daily rates
§ 183 Negligent endangerment of the animal or plant population 360 daily rates
§ 183a 1 Error about legal regulations and official orders
2 Error about legal regulations and official orders
§ 183b 1 Active repentance
2
§ 184 quackery 180 daily rates
§ 185 1 Air piracy
2 1st case with death of one person or serious bodily harm to several people
2 2nd case with death of several people
Section 186 1 Intentional endangerment of aviation safety
2
3 1st case with death of one person or serious bodily harm to several people
3 2nd case with death of several people
§ 187 Preventing the fight against a common hazard

Eighth section - Offenses against religious peace and the rest of the dead

Eighth section - Offenses against religious peace and the rest of the dead
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 188 Degradation of religious teachings 360 daily rates District Court
§ 189 1 Disruption of a religious practice 360 daily rates Regional court: single judge
2 Excitement of annoyance 360 daily rates District Court
Section 190 1 Disturbance of the dead rest 360 daily rates District Court
2 Removal of jewelry 360 daily rates District Court
§ 191 Disturbance of a funeral service 180 daily rates District Court

Section 9 - Offenses against marriage and the family

Section 9 - Offenses against marriage and the family
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 192 Multiple marriage Regional court: single judge
§ 193 1 Marriage deception District Court
2 Marriage deception District Court
3 Exclusion reason
§ 194 1 Prohibited adoption mediation Regional court: single judge
2 when creating a financial advantage Regional court: single judge
3 Exclusion reason
§ 195 1 Child abduction District Court
2 Deprivation of an underage person Regional court: single judge
3 Exclusion reason
4th Exclusion reason
5 Exclusion reason
Section 196 1 Thwarting officially ordered educational measures 360 daily rates District Court
2 Exclusion reason
3 Exclusion reason
Section 198 1 Breach of maintenance obligation 360 daily rates District Court
2 1st case in the event of neglect or considerable damage to the health or physical or mental development of the dependent Regional court: single judge
2 2nd case in the event of the death of the dependent Regional court: single judge
§ 199 Neglect of care, education or supervision 360 daily rates District Court
Section 200 Stealing a child District Court

Section 10 - Offenses against sexual integrity and self-determination

Section 10 - Offenses against sexual integrity and self-determination
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 201 1 rape Jury
2 1st case in the event of serious bodily harm or pregnancy
2 2nd case upon death of the raped person
§ 202 1 Sexual coercion
2 1st case in the event of serious bodily harm or pregnancy
2 2nd case upon death of the coercive person
§ 203 canceled
Section 204 canceled
Section 205 1 Sexual abuse of a defenseless or mentally impaired person
2 1st case in the event of serious bodily harm or pregnancy
2 2nd case upon death of the coercive person
Section 206 1 Serious sexual abuse of minors
2 Induction of an underage person to undertake or tolerate sexual intercourse
3 1st case in the event of serious bodily harm or pregnancy
3 2nd case upon death of the raped person
4th Exclusion reason
Section 207 1 Sexual abuse of minors
Induction of an underage person into a sexual act
3 1st case in the event of serious bodily harm or pregnancy
3 2nd case upon death of the coercive person
4th Exclusion reason
Section 207a 1 Pornographic representations of minors
2 1st case in the event of a commercial commission of the act
2 2nd case as a member of a criminal organization
2 3rd case using severe force or in the case of willful or grossly negligent endangerment of life
3 1st case Possession of a pornographic representation of an adult minor
3 2nd case Possession of a pornographic representation by an underage person
4th Definition of pornographic representation of minors
5 Exclusion reason
Section 207b 1 Sexual abuse of adolescents 360 daily rates
2 taking advantage of a predicament
3 if enticed by a fee
Section 208 1 1st case Moral danger to persons under sixteen years of age
1 2nd case Exclusion reason
2 Exclusion reason
§ 209 canceled
Section 210 canceled
Section 211 1 Incest with relatives in a straight line
2 with relative in descending line
3 with brother or sister
4th Exclusion reason
Section 212 1 Abuse of authority
2 Health workers, educators, officials
§ 213 1 Pimping
2 when creating a financial advantage
§ 214 1 Paid mediation of sexual contacts with minors
2 when creating a financial advantage
Section 215 Leading to prostitution
§ 215a 1 Promotion of prostitution and pornographic performances by minors
2 1st case in the context of a criminal organization, with the use of heavy force or in the case of willful or grossly negligent endangerment of life
2 2nd case against an underage person
3 Definition of pornographic performance
Section 216 1 Pimping
2 with intent to get a continuous intake
3 as a member of a criminal organization
4th intimidating a person from giving up prostitution
§ 217 1 1st case Cross-border prostitution trade
1 2nd case Commercial commission of the act
2 Forcing a person to move to another state
§ 218 1 Sexual harassment and public sex acts 360 daily rates
2 Sexual act in public 360 daily rates
3 Exclusion reason
§ 219 Announcement of indecent intercourse 360 daily rates
§ 220a Advertising fornication with animals 360 daily rates
§ 220b 1 Prohibition of activity
2 Risk of serious consequences
CAUTION!! 1 and 2 are bans on activity, NO prison sentences
6th Activity despite prohibition of exercise 360 daily rates
§ 221 canceled

Eleventh section - cruelty to animals

Eleventh section - cruelty to animals
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 222 1 animal cruelty Regional court
2 Cruelty to animals when transporting multiple animals Regional court
3 Willful killing of a vertebrate animal Regional court

Section Twelve - Offenses against the reliability of documents and evidence

Section Twelve - Offenses against the reliability of documents and evidence
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 223 1 Forgery of documents District Court
2 Use of a false document in legal transactions District Court
§ 224 Forgery of specially protected documents Regional court: single judge
§ 224a Acceptance, transfer or possession of false or falsified specially protected documents District Court
§ 225 1 Forgery of public certification marks Regional court: single judge
2 Use in right-hand traffic Regional court: single judge
3 Definition of public certification mark
§ 225a Data falsification District Court
§ 226 1 Active repentance
2 Exclusion reason
§ 227 1 Preparation of forgery of public documents or certification marks District Court
2 Exclusion reason
§ 228 1 Indirect incorrect certification or certification District Court
2 Use in right-hand traffic District Court
3 Exclusion reason
§ 229 1 Document suppression District Court
2 Exclusion reason
Section 230 1 Displacement of boundary marks Regional court: single judge
2 Exclusion reason
§ 231 1 Use of foreign IDs 360 daily rates District Court
2 Providing an official ID 360 daily rates District Court
3 Exclusion reason

Section Thirteenth - Offenses against the security of the movement of money, securities, stamps and cashless means of payment

Section Thirteenth - Offenses against the security of the movement of money, securities, stamps and cashless means of payment
paragraph paragraph Criminal offense Imprisonment - Lower Limit Imprisonment - Upper Limit alternative imprisonment Fine - Upper Limit Material jurisdiction
Section 232 1 Counterfeiting 1 year ten years
2 who brings such counterfeit or falsified money into circulation 1 year ten years
§ 233 1 Passing on and possession of counterfeit or falsified money 3 years
2 with a face value of over € 50,000 6 months 5 years
§ 234 1 Reduction of monetary coins and passing on of decreased monetary coins 6 months 5 years
2 1st case
  • with the intention that it will be issued as full or
  • outputs as full
3 years
2 2nd case whose face value exceeds € 50,000 6 months 5 years
Section 235 Bringing in, concealing or negotiating the waste of coins 1 year
§ 236 1 Passing on counterfeit money or reduced coins 1 year 360 daily rates
2 whoever commits one of the acts mentioned in paragraph 1 for another 1 year 360 daily rates
§ 237 Counterfeiting of specially protected securities
§ 238 1 Forgery of stamps 3 years
2
  • it with the intention that it will be used as genuine and unadulterated or
  • used as genuine and unadulterated
2 years
4th reuse
§ 239 Preparation of counterfeit money, securities or stamps 2 years
Section 240 Active repentance
§ 241a 1 Counterfeiting of cashless means of payment 3 years
2 Anyone who commits the act on a commercial basis or as a member of a criminal organization 6 months 5 years
§ 241b Acceptance, transfer or possession of false or falsified cashless means of payment 1 year
§ 241c Preparation of counterfeiting cashless currency 1 year
§ 241d Active repentance
§ 241e 1 Alienation of cashless means of payment 2 years
2 Anyone who commits the act on a commercial basis or as a member of a criminal organization 6 months 5 years
3 Destruction. Damage, suppression 1 year
§ 241f Acceptance, transfer or possession of alienated cashless means of payment 1 year
§ 241g Active repentance

Section Fourteenth - Treason and Other Attacks Against the State

Section Fourteenth - Treason and Other Attacks Against the State
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 242 1 Treason Jury
2 Attempted high treason Jury
§ 243 1 Active repentance
2 Exclusion reason
§ 244 1 Preparing high treason Jury
2 Preparing high treason Jury
Section 245 1 Active repentance
2 Exclusion reason
§ 246 1 Links hostile to the state Jury
2 Links hostile to the state Jury
3 Links hostile to the state Jury
§ 247 Active repentance
§ 248 1 Degradation of the state and its symbols Jury
2 Degradation of the state and its symbols 360 daily rates Jury

Section Fifteen - Attacks on Supreme State Organs

Section Fifteen - Attacks on Supreme State Organs
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 249 Violence and dangerous threats against the Federal President Jury
§ 250 Coercion of a constitutional representative body, a government, the constitutional court, the administrative court or the supreme court Jury
§ 251 1st case Coercion of members of a constitutional body, a government, the Constitutional Court, the Administrative Court or the Supreme Court or the President or Vice-President of the Court of Auditors Jury
2nd case Heavy coercion Jury

Section Sixteenth - Treason

Section Sixteenth - Treason
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 252 1 Betrayal of state secrets
2 1st case Publication of state secrets
2 2nd case Exclusion reason
3 Definition of facts threatening the constitution
§ 253 1 Disclosure of state secrets
2 Exclusion reason
§ 254 1 Spy on state secrets
2 Exclusion reason
§ 255 Concept of state secret
§ 256 Secret intelligence service to the disadvantage of Austria
§ 257 1 Favoring enemy armed forces
2 1st case
2 2nd case Exclusion reason
§ 258 1 Treasonous forgery and destruction of evidence
2 Use of forged evidence

Seventeenth Section - Offenses against the Federal Army

Seventeenth Section - Offenses against the Federal Army
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 259 Participation in military criminal acts
1st case Sections 16, 19 and 21 of the Military Penal Act Regional court: single judge
2nd case Section 18 Military Penal Act Regional court: single judge
§ 260 Defense sabotage Regional court: single judge

Section Eighteenth - Criminal Offenses in Elections and Referendums

Section Eighteenth - Criminal Offenses in Elections and Referendums
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 261 scope
Section 262 1 Electoral disability (by coercion)
2 Disability to choose (not through coercion) 360 daily rates
Section 263 1 Cheating in an election or referendum 360 daily rates
2 Failure to vote due to deception 360 daily rates
Section 264 1 Spreading false news in an election or referendum 360 daily rates
2 Section 264 (By disseminating false documents)
§ 265 1 Bribery in an election or referendum
Section 266 1 Forgery in an election or referendum 360 daily rates
2 Falsifying the result of an election
Section 267 1 Prevention of an election or referendum
Section 268 1 Violation of the secrecy of the election or referendum 360 daily rates

Section Nineteen - Offenses against State Authority

Section Nineteen - Offenses against State Authority
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 269 1 1st case Prevention of an official act Regional court: single judge
1 2nd case Prevention of an official act through severe coercion (Section 106) Regional court: single judge
2 Coercion to an official act Regional court: single judge
3 Definition of official act
4th Exclusion reason
Section 270 1 Assault on an officer 360 daily rates District Court
2 Exclusion reason
§ 271 1 Entanglement break 360 daily rates District Court
2 Exclusion reason
3 Exclusion reason
§ 272 1 Broken seal 360 daily rates District Court
2 Exclusion reason
3 Exclusion reason
§ 273 1 Violation of Government Notices 360 daily rates District Court
2 Exclusion reason
3 Exclusion reason

Section Twenty - Offenses against Public Peace

Section Twenty - Offenses against Public Peace
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 274 1 Breach of the peace ( participating in the rioting of a crowd)
2 Section 274 (however, citing the rioting of a crowd)
3 Exclusion reason
§ 275 1 Compulsory land (without serious disruption of public life)
2 Section 275 with disruption of public life or economic life, death of one person or bodily harm to several
3 results in the death of several people
§ 276 1 Spreading false, worrying rumors 360 daily rates
2 Section 276 with disruption of public life or economic life, death of one person or bodily harm to several
3 results in the death of several people
§ 277 1 Criminal plot
2 Exclusion reason
§ 278 Criminal Association
4th Exclusion reason
Section 278a Criminal organization
4th Exclusion reason
Section 278b 1 Z1 Terrorist association (lead)
1 Z2 Terrorist organization (cite limited to threats)
2 Terrorist Association (Member)
Section 278 c Terrorist offenses ( definition )
2 Increased penalties
3 Exclusion reason
Section 278d Terrorist financing
2 Exclusion reason
Section 278e Training for terrorist purposes
§ 278f Instructions on how to commit a terrorist offense
§ 279 Armed links
2 Exclusion reason
Section 280 Accumulation of ordnance
2 Exclusion reason
§ 281 Encouraging disobedience to laws
§ 282 Invitation to conduct punishable acts and approval of punishable acts
§ 283 Hate speech
§ 284 Demolition of a meeting
§ 285 Prevention or disruption of a meeting 360 daily rates
§ 286 1 Failure to prevent a punishable act
2 Exclusion reason
§ 287 Committing a punishable act in a state of intoxication 360 daily rates

Section twenty-first - Offenses against the administration of justice

Section twenty-first - Offenses against the administration of justice
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 288 1 False evidence in court
2 Section 288 under oath
§ 289 1 False evidence before an administrative authority
Section 290 1 Testimony
§ 291 1 Active repentance
Section 292 1 Creation of an incorrect statement of evidence 360 daily rates
2 Section 292 before an administrative authority
Section 292a 1 Wrong inventory of assets 360 daily rates
Section 292b 1 Active repentance
§ 293 1 Forgery of evidence
Section 294 Active repentance
§ 295 1 Suppression of evidence
Section 296 1 Active repentance
§ 297 1 Defamation
2 Exclusion reason
§ 298 1 Feigning a punishable act 360 daily rates
2 Exclusion reason
Section 299 1 Favoritism 360 daily rates
4th Exclusion reason
Section 300 1 Liberation of prisoners 360 daily rates
2 Exclusion reason
Section 301 1 Prohibited publication 360 daily rates

Section twenty-second - Criminal violations of official duty, corruption and related offenses

Section twenty-second - Criminal violations of official duty, corruption and related offenses
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 302 1 Abuse of authority
2
  • if the damage exceeds € 50,000
  • in conducting official business with a foreign power
Section 303 Negligent violation of personal freedom or domiciliary rights 180 daily rates
Section 304 1 Corruption
2 1st case The value of the damage exceeds € 3,000
2 2nd case The value of the damage exceeds € 50,000
Section 305 1 Benefit acceptance
2 1st case
2 2nd case Exclusion reason
3 1st case the value of the damage exceeds € 3,000
3 2nd case the value of the damage exceeds € 50,000
Section 306 1 Prepare to take bribes or accept benefits
2 1st case
2 2nd case Exclusion reason
3 1st case The value of the damage exceeds € 3,000
3 2nd case The value of the damage exceeds € 50,000
Section 307 1 1st case bribery
1 2nd case
2 1st case The value of the damage exceeds € 3,000
2 2nd case The value of the damage exceeds € 50,000
Section 307a 1 Benefit
2 1st case The value of the damage exceeds € 3,000
2 2nd case The value of the damage exceeds € 50,000
Section 307b 1 Bribery Preparation
2 1st case The value of the damage exceeds € 3,000
2 2nd case The value of the damage exceeds € 50,000
Section 307c 1 Active repentance
Section 308 1st case Prohibited intervention
2nd case The value of the damage exceeds € 3,000
3. Case The value of the damage exceeds € 50,000
Section 310 1 Breach of official secrecy
2
2a
3 Exclusion reason
§ 311 Incorrect authentication and authentication in office
§ 312 1 Torturing or neglecting a prisoner
2
3 1st case Serious bodily harm (Section 84 (1))
3 2nd case Bodily harm with serious permanent consequences (Section 85)
3 3rd case Death of the injured party
§ 313 Criminal acts taking advantage of an official position

Section twenty-third - presumption of office and deceit

Section twenty-third - presumption of office and deceit
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
§ 314 Presumption of office 360 daily rates District Court
§ 315 Creeping into an office District Court

Section twenty-fourth - disturbance of foreign relations

Section twenty-fourth - disturbance of foreign relations
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years Lifelong Fine upper limit factual jurisdiction
Section 316 1 Treasonous attacks against a foreign state Regional court: single judge
2 Active repentance
§ 317 Degradation of foreign symbols 360 daily rates District Court
§ 318 Conditions of punishment
§ 319 Military intelligence service for a foreign state Regional court: single judge
Section 320 1 Prohibited support for parties to armed conflict Regional court: single judge
2 Reasons for exclusion

Section twenty-fifth - genocide, crimes against humanity, war crimes

Section twenty-fifth - genocide, crimes against humanity, war crimes
paragraph paragraph Criminal offense 1 month 3 months 6 months 1 year 2 years 3 years 5 years ten years 15 years 20 years lifelong Fine upper limit factual jurisdiction
§ 321 1 genocide
2 genocide

See also

Individual evidence

  1. Austrian Criminal Code: http://www.sbg.ac.at/ssk/docs/stgb/StGB_index.htm ( Memento from October 1, 2007 in the Internet Archive ) http://www.jusline.at/Strafgesetzbuch_(StGB) .html

Web links