Assault and bodily harm: what distinguishes them

The classification of an assault depends on the specific act, the medical consequences, the form of guilt and evidence. The Criminal Code distinguishes between hitting or other violence (art. 193) and bodily harm (art. 194). The medical certificate is important, but the number of days of care does not alone determine the legal solution.

Assault or other violence – Art. 193 of the Criminal Code

Article 193, paragraph (1) concerns hitting or any act of violence that causes physical suffering. Paragraph (2) covers acts that cause traumatic injuries or affect health, with a severity assessed at no more than 90 days of medical care. As of June 26, 2025, the limits are from 6 months to 3 years, or a fine for paragraph (1), respectively from 1 to 5 years, or a fine for paragraph (2).

The limits are increased by one third in the circumstances provided by law, such as committing the act in public, on a minor, or carrying a dangerous object under the legal text. For the acts in these circumstances, the criminal prosecution can also be initiated ex officio; Article 199 also allows for ex officio initiation for acts committed against a family member. The general rule for Article 193 is the prior complaint.

When bodily harm may be involved – Art. 194

Article 194 applies if the act caused one of the consequences listed by law: disability, injuries that required more than 90 days of medical care, serious and permanent aesthetic harm, abortion or endangering life. The basic penalty is imprisonment from 2 to 7 years. If the act was committed with the intent to cause the disability, the injuries lasting more than 90 days, or serious and permanent aesthetic harm, the limits are from 3 to 10 years. Increases provided for by law may also be applied.

The 90-day threshold is just one of the possible consequences of Article 194. The classification is determined based on evidence and the law applicable at the time of the act, not just based on the name used in a medical document.

Domestic violence and the preliminary complaint

For assault or other violence, prior complaint is, as a rule, required. The law provides for situations in which criminal action can also be initiated ex officio, including acts committed against a family member. In domestic violence, the special maximum penalty is increased by one-fourth under Article 199. In addition, withdrawal of the complaint has effect only if it is submitted by the prosecutor, pursuant to Article 158, paragraph (4). The deadlines must be verified according to the specific case.

What evidence matters

  • the medical certificate and the complete medical documents;
  • photographs, video recordings, messages and data of witnesses;
  • findings or forensic medical examinations, if they are available or necessary;
  • the circumstances of the incident and the evidence that can clarify the cause of the injuries and the intent.

The injured person may request compensation for material and moral damages under the criminal or civil procedure. The person being investigated has the right to know the accusation and to challenge the evidence through legal means. No classification and no compensation are automatic; the solution depends on the facts and the evidence administered.

Legislative sources

For related articles, see category of criminal law. The information is general; the classification depends on the documents in the case file and the applicable law.