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by Brandauer RA
Focus area · Ski law

Criminal consequences after a slope accident.

Whoever causes an injury on the Austrian slope enters Austrian criminal jurisdiction, regardless of nationality and regardless of where the accident later has effects. We set out the core offences (§ 88, § 94, § 95 StGB), the procedural tracks from penal order to main trial, and the cross-border consequences for fines, registers, driving licence and profession.

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Mag. Christopher Angerer

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Ski accidents are complex and emotional. One lawyer you know, from the first question to the courtroom.

Assessment

Where do you stand right now?

This short assessment maps your case to the Austrian criminal procedure and shows where legal advice makes the difference. It does not replace individual legal advice.

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01 Question 1

What is your situation?

Three entry points, pick what fits best.

All paths in overview

Every answer in one place.

01

Core offence § 88 StGB, FIS rules decide on the duty of care.

§ 88 StGB covers any negligently caused bodily harm. Basic range: imprisonment up to 3 months or 180 daily rates. Serious consequence (§ 84 StGB): up to 6 months / 360 daily rates; gross negligence under § 88(3) StGB: up to 1 year imprisonment.

Defence strategy: examine FIS breach in the specific case, prepare expert argumentation, sound out diversion under § 198 StPO early. Restitution to the injured person is the most important single measure.

Read more: FIS breaches and offences →
02

Leaving the scene or failure to assist is an independent offence.

§ 94 StGB sanctions the omission of assistance to a person injured by one’s own conduct. Basic range: imprisonment up to 1 year or 720 daily rates; up to 2 years on serious bodily harm, up to 5 years on death. § 95 StGB applies in parallel against persons involved without having caused the injury.

Defence lines: secure concrete evidence on knowledge, possibility and reasonableness of assistance. Where you yourself were injured, provide medical proof of incapacity to act. Active repentance and restitution are strongly mitigating.

Read more: FIS 9 + 10 and slope hit-and-run →
03

Negligent homicide, counsel from hour one.

§ 80 StGB foresees imprisonment up to 1 year for negligent homicide; up to 3 years on gross negligence under § 81 StGB; up to 5 years where several persons died (§ 81(4) StGB). These cases are heard at the regional court, regularly with expert reconstruction.

This situation cannot be organised without counsel. First steps: refusal to make a statement, immediate engagement of counsel, file inspection, review of expert selection, coordination of the private-party conversation through counsel.

Read more: procedural sequence →
04

Administrative penal proceedings of the BH, file an appeal in time.

The Straferkenntnis of the district authority can be challenged by appeal to the provincial administrative court (§§ 7, 32 VwGVG). The deadline is four weeks from service. Charges typically concern slope ordinance, ski-equipment regulation or provincial sports legislation; fines run between 50 and 3,000 EUR.

Even a 150 EUR administrative penalty has consequences, it appears in the administrative penal register, increases the sentence on repetition, and is enforceable in Germany under EU Framework Decision 2005/214/JHA.

Read more: administrative penal proceedings →
05

4-week deadline running, preserve the objection, request file inspection.

An objection to an Austrian penal order under § 491 StPO can be filed within four weeks of service (§ 491(6) StPO). With a timely objection the order is set aside; a regular trial at the district court follows.

Never pay without scrutiny, that would amount to a de-facto admission of fault. Recommendation: file the objection + apply for file inspection + decide on the further course soberly. Most slope penal orders can still be redirected into a diversion.

Read more: penal order in the procedural sequence →
06

Summons to interview, no statement before sight of the file.

The defendant’s interview under § 164 StPO is the risk moment of the entire procedure. You have the right to be assisted by counsel (§ 49 StPO) and the right to remain silent (§ 164(4) StPO). An initial statement made without file knowledge ties you to a depiction that, as a rule, will be used against you.

Recommendation: take the appointment or have it postponed before file inspection has been carried out by counsel. Only after that does it become clear whether a statement is sensible and in which form.

Read more: investigation phase →
07

Enforcement in Germany is real, going home does not protect.

EU Framework Decision 2005/214/JHA governs the mutual recognition of fines. From a 70 EUR threshold (§ 87b IRG), the Federal Office of Justice can enforce Austrian criminal fines, administrative penalties and procedural costs in Germany, including account attachment.

Examination of possible refusal grounds (defective service, double-jeopardy, de-minimis threshold) belongs in counsel’s hands. With timely engagement it often remains possible to seek reinstatement against the underlying Austrian decision.

Read more: criminal register and BZRG consequences →
08

Diversion is the primary procedural goal, four variants are open.

For slope cases without death and without particularly serious consequence, diversion under §§ 198 ff. StPO is regularly within reach. Four variants: fine (§ 200), community service (§ 201), probation (§ 203), out-of-court settlement (§ 204).

What they share: no conviction, no entry in the Austrian criminal register, no BZRG transmission to Germany. Preconditions: not-serious guilt, restitution typically provided, consent of the injured party in the out-of-court settlement.

Read more: diversion matrix →
09

BZRG risk depends on the daily-rate threshold and on offence severity.

§ 54 BZRG provides that foreign criminal convictions are entered in the German Federal Central Register where the act would also be punishable under German law and certain thresholds are met. The simple Fuehrungszeugnis shows convictions over 90 daily rates; the extended Fuehrungszeugnis and authority disclosures show substantially more.

Strategic implication: aim for diversion or sentence below 90 daily rates where professionally or weapons-law relevant. Early legal classification in cross-border cases is its own retainer.

Read more: criminal register and BZRG →
10

Professional and weapons-law consequences, individual risk analysis required.

A conviction can trigger concrete consequences depending on the professional group: civil-service status (disciplinary proceedings), teaching, healing professions (medical-chamber proceedings), security professions (weapons-law fitness under WaffG), residence titles for third-country nationals.

The risks are not automatic, they hinge on specific thresholds and on subsequent decisions of the relevant authority. Defence aim: keep the conviction below the relevant entry or notification thresholds.

Read more: consequences for professions and weapons →
11

Main trial at district or regional court, preparation in weeks, not days.

The district court decides where the range is up to 1 year imprisonment (§ 88(1) StGB), the regional court for a higher range or on death. A piste-reconstruction and FIS-interpretation expert is usually appointed; the private party can join under § 67 StPO (adhesion procedure).

Defence preparation: work through the file completely, develop expert argumentation early, set the witness strategy, prepare the client for the courtroom setting. Late diversion motions remain available even during the main trial (§ 199 StPO).

Read more: procedural sequence →
FIS rule and criminal classification

Which FIS breach indicates which offence.

For decades, the ten FIS rules of conduct have been the decisive standard of care in Austrian slope case-law. The table maps the five FIS rules most often breached in slope incidents to the typical criminal-law charge, as a guide for defence strategy and for the question of which evidence to secure first.

FIS rules of conduct (selection) in relation to the Austrian offences § 88, § 94 and § 95 StGB.
FIS rule Typical injury constellation Likely charge Sentencing tendency
FIS 2
Control of speed and manner of skiing
Speed too high for sight, slope width or skill level, the most frequent allegation after slope collisions with bodily harm. § 88(1) StGB; on serious consequences § 88(4); on gross negligence § 88(3). Fine 60-180 daily rates; with a serious consequence up to 360 daily rates or imprisonment up to 6 months.
FIS 3
Choice of track by the skier behind
Collision with a slower or stationary skier from above, primary responsibility of the person behind. § 88(1) StGB; near-irrefutable indicator of breach of duty of care. Fine 60-150 daily rates; markedly higher for an avoidable serious injury.
FIS 4
Overtaking with sufficient clearance
Cutting in or overtaking too close, leading to a fall or collision of the overtaken skier. § 88(1) StGB; supplemented by the provincial slope ordinance. Fine 60-120 daily rates; cumulative if several injured persons.
FIS 7
Stopping and starting
Stopping at an unclear point or starting without looking uphill, typical at slope-side breaks. § 88(1) StGB; in fatal cases additional indications of § 80 StGB. Fine 60-150 daily rates; on death § 80 StGB imprisonment up to 1 year.
FIS 9 + 10
Duty to assist and to identify
Leaving the scene without attending to the injured or providing personal details, slope hit-and-run. § 94 StGB (causer) or § 95 StGB (involved without causation). Fine up to 720 daily rates or imprisonment up to 1 year; up to 2 years on serious bodily harm, up to 5 years on death.

Source: International Ski Federation (FIS), § 88 / § 94 / § 95 StGB, settled case law of the Supreme Court (OGH) and the higher regional courts in Innsbruck, Linz and Graz. The ranges are typical values in slope cases; aggravating factors (alcohol, gross negligence under § 88(3) StGB) can change the picture in the individual case.

Diversion, four forms of disposal

Which diversion fits which slope constellation.

Diversion under §§ 198 to 209 StPO allows the public prosecutor to terminate proceedings without conviction. Four variants are available. The table maps each variant to a typical slope constellation and shows the tactical effect, no entry in the Austrian criminal register and no notification to the German Federal Central Register.

Diversion forms under §§ 200, 201, 203 and 204 StPO compared, preconditions, typical level and effect on the criminal record.
Diversion form Typical slope constellation Concrete contribution Criminal register?
§ 200 StPO
Fine
Simple negligent bodily harm under § 88 StGB without serious lasting consequence, restitution to the injured person already provided. One-off payment, typically 800 EUR to 4,000 EUR depending on income and severity. No , A diversion fine produces no entry in the criminal register.
§ 201 StPO
Community service
Defendant with low income or particular life situation; medium-grade injury. 40 to 240 hours in a charitable institution, allocation coordinated through the Neustart association. No
§ 203 StPO
Probation
Medium-grade injury with not-excluded risk of repetition, probation service is meant to prevent recurrence. Probation period 1 to 2 years, often with probation officer and concrete conditions (ski course, abstention from specific slopes). No
§ 204 StPO
Out-of-court settlement
Injured person willing to talk; personal exchange and a concrete restitution model are possible. Structured mediation through the Neustart association; agreement on material and immaterial restitution. No , Practically the most favourable variant: the injured person is heard, the defendant remains without entry.

Source: §§ 198-209 StPO, settled practice of the Salzburg and Tyrolean prosecutors. The diversion fine is not the same as a fine imposed on conviction and produces no entry in the Austrian criminal register or in the German Federal Central Register (no § 54 BZRG).

From the incident to legal force

The Austrian procedural sequence, phase by phase.

Five phases from the slope incident to legal force or diversion. The sticky sidebar (desktop) takes you straight to the matching phase, particularly useful when you already know at which stage your proceedings stand.

  1. 01
    Day 0
    On site

    Report and initial documentation

    Slope rescue, lift personnel, police or the injured person’s health insurance trigger the report. Lift-camera data and lift-card movement data remain available only briefly, they must be secured early.

    The report typically goes to the public prosecutor at the regional court (Salzburg, Innsbruck, Feldkirch). Slope rescue and police prepare the initial file with slope number, signage, witnesses, photo documentation and the first medical diagnosis.

    Anyone who, as a defendant, stays at the scene and complies with FIS Rule 10 already secures a key argument against the charge of leaving an injured person behind (§ 94 StGB). Anyone who leaves enters the proceedings without the benefit of any residual presumption.

    Legal basis: § 76 StPO · FIS rules of conduct · § 94 StGB

  2. 02
    First weeks
    Investigation

    Investigation by the public prosecutor

    On the prosecutor’s instruction, the police take the evidence, witness interviews, lift cameras, GPS data from ski-tracker apps, medical reports. As a defendant you frequently learn of the proceedings only at this stage.

    The defendant’s interview under § 164 StPO is the central risk moment. You have the right to be assisted by counsel (§ 49 StPO) and the right to remain silent (§ 164(4) StPO). The practical recommendation is without exception: no statement before sight of the file.

    An initial account given without file knowledge ties you to a depiction that can hardly be revised later and is, as a rule, used against you. Engage counsel early, apply for file inspection, then submit a statement only after that.

    Legal basis: § 49 StPO · § 51 StPO · § 164 StPO

  3. 03
    After the investigation
    Penal order

    Penal order or indictment, the four-week deadline

    Where the file is clear, the district court issues a penal order under § 491 StPO without a hearing. The objection period is four weeks from service, even where service is abroad under the European Service Regulation.

    A timely objection sets aside the penal order and leads to a regular trial. Miss the deadline and the order becomes final, with all consequences: entry in the Austrian criminal register under the StRegG, enforceability of the fine in Germany under § 87b IRG (from 70 EUR), use as circumstantial evidence in adhesion and civil proceedings.

    The most frequent recommendation at this stage is not "pay or contest" but "object + obtain file inspection + decide soberly". The objection opens the negotiating space without committing you to a position.

    Legal basis: § 491(6) StPO · § 87b IRG · § 54 BZRG

  4. 04
    Negotiation phase
    Diversion

    Diversion or main trial

    Before the main trial, the public prosecutor (or the court) considers diversion under §§ 198 ff. StPO. Four variants are available, fine, community service, probation or out-of-court settlement.

    In most slope cases without death or particularly serious consequences, diversion is the primary defence aim. Preconditions: not-serious guilt, restitution typically provided, consent of the injured party in case of out-of-court settlement. Diversion ends without conviction and without an entry in the criminal register.

    Where diversion is not available (death, serious guilt, general-prevention reasons), a main trial follows, at the district court for offences carrying up to 1 year imprisonment, at the regional court for higher ranges or on death. A piste-reconstruction expert and FIS-interpretation expert is normally appointed.

    Legal basis: §§ 198-209 StPO · § 67 StPO · § 88(4) StGB

  5. 05
    After legal force
    Enforcement

    Enforcement, criminal register, BZRG consequences

    Once the judgment becomes final, enforcement begins, directly in Austria, in Germany via the Federal Office of Justice under EU Framework Decision 2005/214/JHA from 70 EUR. Parallel: entry in the Austrian criminal register and, where applicable, transmission to the German Federal Central Register under § 54 BZRG.

    Limitation periods under the TilgG: for fines below 90 daily rates and imprisonment up to 1 year the period is 5 years; for sentences from 1 to 3 years 10 years; above that, depending on the case, up to 15 years.

    For German defendants, § 54 BZRG means that convictions over 90 daily rates land in the Federal Central Register, then in the extended Fuehrungszeugnis and in authority disclosures. Consequences for civil-service status, teaching, security professions and weapons law are individual, they need a specific assessment.

    Legal basis: § 87b IRG · § 54 BZRG · §§ 1-3 TilgG · § 6 TilgG

When Austrian criminal law reaches the slope, place of the act, not origin of the actor

The basic rule is stated in § 62 StGB (Austrian Criminal Code): Austrian criminal law applies to acts committed on Austrian territory, irrespective of the nationality of the person involved. A collision on a slope in Saalbach, Soelden or Schladming therefore falls to the Austrian criminal authorities, and the fact that the person involved lives in Munich, Prague or Ljubljana and returns home on Sunday evening does not alter that assessment. This principle of territoriality is exhaustively applied by Austrian courts; it is mirrored in the rules on jurisdiction (§§ 25 ff. StPO) and in the provisions on service abroad via the European Investigation Order and the European arrest warrant.

Two procedural tracks branch out from there. The first is the judicial criminal procedure: the public prosecutor (Staatsanwaltschaft) at the regional court (Landesgericht) with jurisdiction over the place of the accident opens the investigation, typically prompted by a police report filed by the slope patrol, the Alpine police or the injured person. The second is the administrative penal procedure under the VStG (Verwaltungsstrafgesetz): where the conduct does not reach the threshold of judicial criminality, the district administrative authority (Bezirkshauptmannschaft) imposes a fine for breaches of the provincial piste-safety legislation or of the ski-equipment regulations. Both tracks produce legally enforceable consequences for persons resident abroad; which track is chosen depends on the degree of injury and on the applicable provincial statute.

The decisive practical point is that the slope is not a space of reduced criminal relevance. Austrian case law treats the marked ski-run as a place of heightened duties of care, not of diminished ones, a consequence of the high speeds, the inhomogeneity of participants, and the foreseeability of third-party harm. Anyone assuming that a piste incident will be handled as a sporting accident under a lex sportiva misreads the situation. A collision with personal injury is, with striking regularity, examined under § 88 StGB, and a failure to wait at the place of the accident is examined under § 94 StGB. For German visitors, the jurisdictional analysis of such cases is set out more broadly in our guide to ski accidents and German visitors.

Negligent bodily harm, § 88 StGB as the backbone charge

§ 88 StGB captures any negligently inflicted bodily harm. The basic form is a fine of up to 180 daily rates or imprisonment of up to three months; where serious bodily harm under § 84(1) StGB has occurred, lasting impairment of health, impairment of the capacity to work for more than 24 days, or any of the catalogued injuries, the framework rises to imprisonment of up to one year. Where the act was committed under particularly dangerous conditions (§ 81 StGB analogously) or under the influence of alcohol or impairing substances, the framework rises further and imprisonment of up to two years becomes available. In ski practice, the bulk of cases falls into the first two categories; the qualified form under § 81 becomes relevant above all where alcohol testing at the scene or the hospital confirms a substantial blood-alcohol level, or where a known skiing disability (equipment defect, inadequate competence for the slope) can be proven.

The benchmark of care used by Austrian courts is the FIS rules of conduct, ten rules adopted by the International Ski Federation and treated in consistent case law as codifying the skier’s duty of care. Particularly relevant in practice are FIS Rule 2 (control of speed and manner of skiing to the skiing ability and to the conditions), FIS Rule 3 (choice of track by the skier behind, who bears primary responsibility for avoiding collisions), FIS Rule 4 (overtaking with sufficient clearance for the movements of the person overtaken) and FIS Rule 5 (entering, starting and moving upwards only after careful observation). A FIS breach does not automatically establish criminal negligence, but it provides a strong indicator of a deviation from the objective standard of care. Conversely, strict FIS compliance is in itself exculpatory argumentation material, provided it is reconstructible from the evidence.

Reconstruction in slope cases increasingly rests on technical evidence: speed and line-of-skiing derived from lift-card passage times, GPS traces from smartphones and sport watches, video material from lift stations and piste cameras, and photogrammetric analysis of the accident site. Austrian court experts, typically piste-physics specialists at the institutes in Innsbruck and Salzburg, reconstruct collision geometry, arrival speeds and angles from such data, and the defence must engage with that analysis on its own technical level. A blanket objection that the expert is wrong is never enough. Moreover, contributory conduct of the injured person, a FIS breach committed by the injured party, does not eliminate criminal liability but significantly influences sentencing; from the defence perspective, any contributory-conduct line must be raised early, documented with care, and integrated into the investigation rather than held back for a later trial.

Leaving an injured person and failure to provide assistance, § 94 StGB and § 95 StGB

Anyone who, after causing an injury, skis away without attending to the injured person commits an independent offence under § 94 StGB (leaving an injured person behind). The provision addresses anyone who, as a result of their own conduct, fails to render necessary assistance to a physically injured person; the framework is imprisonment of up to one year or a fine of up to 720 daily rates in the basic form, rising substantially where serious bodily harm or the death of the injured person results. Importantly, § 94 StGB is a result-indifferent offence: the obligation to render assistance arises from the fact of having caused the injury, not from the subjective willingness of the person to help. The duty crystallises at the moment a reasonable skier would recognise that another person has been injured, and it does not evaporate because the injured person seems to stand up again.

§ 95 StGB (failure to provide assistance) supplements this catalogue. It applies where the person involved was not the cause of the injury but nonetheless omits assistance in an obvious emergency, provided assistance was possible and reasonable. The sentencing framework reaches imprisonment of up to six months or 360 daily rates; where death results, up to one year. In piste hit-and-run cases, the two offences are frequently charged in the alternative or cumulatively, because at the decisive moment it is often unclear whether the person who skied on was the one who caused the collision or a bystander who merely witnessed it. A clear evidentiary reconstruction therefore has immediate consequences for the applicable sentencing frame, and for the weight of the individual mitigating factors.

The evidentiary picture in hit-and-run cases has improved markedly for the prosecution over the last five years. Lift-card data (RFID-based passage logs) can tie a specific skier to a specific section of the piste within a narrow time window; camera installations at lift stations and at piste-safety points cover entrances and exits; weather and avalanche services maintain continuous record of slope conditions; and many ski resorts operate their own incident-log system that aggregates patrol reports. The defence side must itself actively secure exonerating evidence, GPS log from a smartwatch, photos of an ski-school lineup, cash receipts from the hut at the relevant time, and must do so quickly, because data at third-party providers is typically deleted within weeks. The operating principle is that any reconstruction which is not documented in real time is a reconstruction which, later, rests on witness testimony alone. Witness testimony is treatable; objective data is decisive.

Cross-border consequences, fines, registers, driving licence, profession

The first cross-border leverage is the enforcement of Austrian fines abroad. Within the European Union, Framework Decision 2005/214/JHA governs mutual recognition of financial penalties. In Germany, the transposition is contained in §§ 86 ff. IRG (Act on International Mutual Legal Assistance in Criminal Matters). From a threshold of 70 euros (§ 87b IRG) the Federal Office of Justice (Bundesamt fuer Justiz) takes over enforcement for the Austrian authority, including coercive measures up to and including account attachment. Similar regimes apply in other Member States with some national modification. Ignoring an Austrian penal order on the assumption that it will remain a piece of paper in Salzburg therefore misreads the legal reality of the past decade; for the vast majority of Austrian fines above 70 euros there is an effective enforcement title waiting at home.

The second and more consequential leverage is the register entry. In Germany, § 54 BZRG (Federal Central Register Act) provides for the recording of foreign criminal convictions in the Federal Central Register where the underlying act would also be punishable under German law and the conviction reaches certain minimum thresholds (typically imprisonment, or a fine exceeding 90 daily rates). Not every entry in the Federal Central Register reaches the simple certificate of good conduct (Fuehrungszeugnis): under § 32(2) No. 5 BZRG, convictions of up to 90 daily rates or three months imprisonment are omitted from the simple Fuehrungszeugnis, provided no further entry exists. The extended certificate (erweitertes Fuehrungszeugnis) under § 30a BZRG, required for a number of professional groups (work with minors, certain public-service appointments, volunteer roles in schools and youth work), is less selective and will regularly show the entry. The same applies to specialist registers, the Central Register of Vehicles and Drivers, the register of firearms holders, and the register of attorneys for cases where professional-admission authority operates.

The third leverage is the administrative-law ripple effect. A conviction under § 88 StGB in connection with alcohol can trigger a reassessment of fitness to drive by the German driving-licence authority (Fahrerlaubnisbehoerde) under §§ 2 et seq. FeV; depending on the blood-alcohol level, a medical-psychological examination (MPU) may be ordered before the driving licence can continue to be used. A conviction under § 94 or § 95 StGB, offences which imply a fundamental failure to render assistance, can feed into weapons-law fitness assessments under the WaffG, and into residence-law considerations under the AufenthG for non-German and non-Austrian nationals. None of these consequences is automatic; all of them are individual administrative decisions that follow a register notification. The defence work therefore does not end with the criminal judgment; it extends into the administrative proceedings which, in practice, often cause more damage than the criminal fine itself. Anyone who becomes aware that an Austrian procedure has a realistic prospect of a register entry should organise the defence on both levels at the same time, criminal and administrative, and should not wait until the first notification from the driving-licence or weapons authority arrives.

A practical sequence, what to do from the moment the first Austrian envelope arrives

The typical starting point is a letter in a blue or grey envelope with the federal coat of arms, bearing the headline Strafverfuegung, Ladung zur Beschuldigtenvernehmung or Straferkenntnis. Step one is to read the date of service, calculate the four-week period, and note the deadline on every relevant calendar, paper, phone, team. Step two is to collect everything that exists on the incident: hospital records, insurance correspondence, photographs, ski-tracker data, lift-card data, names and addresses of witnesses. Where data sits with third-party providers (ski resort, lift operator, sports-app company), request extracts in writing now, these providers rarely volunteer data, and the retention periods are short.

Step three is the substantive legal review: is the penal order reconcilable with the evidence? Are the charges (§ 88, § 94, § 95 StGB, or VStG breaches) correctly delineated? Is the sentencing framework applied proportionately, and does the investigation file actually support the daily-rate count chosen? These questions cannot be answered without access to the file, so step four is to file, via counsel, a request for inspection of the file and, in parallel, a notice of objection preserving the four-week deadline. An objection filed on the last possible day, paired with a file-inspection request, is a standard and professional approach; it does not prejudice the defence and leaves the options open. Counsel practising both in Austria and at the German reception end can coordinate the cross-border communication in one language, which saves time and prevents translation artefacts from becoming binding statements.

Step five, where the file review shows the charge to be essentially correct, is strategic sentencing: active compensation to the injured person, documented apology, consent to diversion under § 198 StPO where available, and engagement with the probation service. These steps can move a case from a register-triggering conviction into a diversion settlement and thereby prevent the downstream administrative consequences. Where the file shows the charge to be weak, the correct response is the main trial, in Austria, because the simplified procedures are built for uncontested cases, and any genuine factual dispute belongs before the trial judge rather than in the penal-order shell. Throughout, the decisive skill is distinguishing the cases that should be contested from those that should be settled; getting that distinction wrong costs the client either money (contesting the unwinnable) or registers (settling the winnable).

In-depth topics

What we advise on in detail.

01

First police interrogation, right to silence, right to counsel

The right to remain silent (§ 7 StPO) and the right to consult defence counsel before the first questioning (§ 164 StPO) apply from the first contact with Austrian police. What the slope patrol or the local post of the Alpine police are allowed to ask, and what one may decline.

02

Diversion under § 198 StPO, prosecution suspended against compliance

For slope cases with no severe consequences, the public prosecutor may divert the matter, probation, fine payment, community service, or out-of-court settlement. Criteria, typical fine ranges, and the strategic question of whether to accept diversion or press for acquittal.

03

Active repentance and compensation, mitigation lines that work

Although § 167 StGB addresses property offences, the principle of genuine contrition has analogous weight in sentencing for negligent bodily harm. Early compensation to the injured person, documented restitution, and a credible apology shift the scale measurably.

04

The sentencing framework of § 88 StGB in detail

Basic form: up to three months or 180 daily rates. Qualified form with serious bodily harm (§ 84 StGB): up to one year. Under particularly dangerous conditions or under the influence (§ 81 StGB): up to two years. How slope cases are placed within these frames in practice.

05

Hit-and-run on the piste, evidence that typically decides the case

Lift-card movement data, video recordings at lift stations, statements of companions, ski-tracker data from smartphones, ski-school rosters. How the Austrian investigating authorities reconstruct a departure and which exculpatory evidence defence must itself secure.

06

German driving licence after an Austrian slope conviction

The StVG and the FeV grade foreign criminal acts only to a limited extent, but the driving-licence authority may draw its own assessment of fitness to drive from a § 88 StGB conviction, particularly where alcohol was involved. When a medical-psychological examination (MPU) is threatened.

07

Consequences for professions, firearms and residence

Authority disclosure beyond the simple Fuehrungszeugnis, § 41 BZRG (extended certificate), § 30a BZRG, weapons law under the WaffG, residence titles under the AufenthG. Which professional groups and title categories are actually affected, and in which not.

Letter from the Austrian public prosecutor or administrative authority?

The four-week objection period runs. File inspection, objection, and defence strategy can be organised in parallel, in German from Salzburg, with the case heard at the competent Austrian court. Callback within one business day.

Contact

A direct line to the firm.

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg