Term and general definition of disfigurement
The term disfigurement in a legal context refers to a significant and permanent alteration of the external appearance of a person or object, through which the affected person or item is considerably impaired in their aesthetic perception. Disfigurement primarily denotes a condition that goes beyond a temporary or minor change and can have socially perceptible consequences for the affected person. The exact definition and legal assessment vary depending on the area of application, especially in criminal, civil, and social law.
Disfigurement in German criminal law
Disfigurement within the meaning of § 226 StGB – Serious bodily injury
In criminal law, disfigurement is of central importance in § 226 paragraph 1 no. 3 of the German Criminal Code (StGB). Disfigurement is listed there as one of the possible severe consequences of bodily injury, which can result in increased penalties.
Legal elements of disfigurement
A disfigurement within the meaning of § 226 StGB exists when the external appearance of the injured person is permanently and seriously disfigured. The relevant alteration must be so significant that it substantially impairs the person’s social standing and the perception by others.
Criteria for the existence of a disfigurement:
- Significant alteration of appearance (e.g., facial scars, loss of limbs, severe burns)
- Permanence of the disfigurement, with permanent alterations also being present if they could only be remedied with great effort or not fully reversed
- Social impact, especially regarding everyday interactions and personal self-experience
Distinction from non-serious bodily injury
Not every externally visible injury constitutes a disfigurement. The decisive factors are:
- Intensity (degree of change)
- Permanence
- Social conspicuousness
Disfigurement of other personal characteristics in criminal law
In individual cases, disfigurement can also be relevant within the scope of other criminal offences, for example in connection with offences against honor, where manipulation or misuse of images results in an alteration that can be considered as disfigurement.
Disfigurement in civil law
Compensation for damages and pain and suffering
In civil law, disfigurement plays a role primarily in connection with claims for damages and compensation for pain and suffering. According to § 253 para. 2 BGB, immaterial compensation may be claimed for significant impairment of a person’s body, health, or external appearance.
Requirements for compensation claims
- Establishment of a permanent and significant impairment of external appearance
- Proof of the causal connection between the damaging event and the disfigurement
- Consideration of the victim’s subjective perception as well as the objective societal perspective
Right to restoration
As part of repair or restoration claims, injured parties may demand removal of the disfigurement, provided this is possible and reasonable. If restoration is not or only partially possible, the claim for damages remains.
Disfigurement in the context of public law
Social law assessment
In social law, disfigurement can play a role as ‘MdE’ (reduction in earning capacity) and in the determination of the degree of disability (GdB). It leads to special classifications in social insurance law and may trigger benefits under the Victims Compensation Act or the statutory accident insurance.
Civil service law and disfigurement
Civil servants who suffer a disfigurement through the performance of their duties may assert special compensation or pension claims under civil service law, provided the impairment occurred due to service.
Disfigurement in property law
In relation to objects, disfigurement refers to any significant alteration or damage that results in a considerable and permanent blemish to the external appearance of the object. Here, disfigurement can lead to claims for compensation or – in the case of works of art and monuments – to consequences under monument protection and civil law.
Disfigurement and personal rights
Right to one’s own image
In the field of personal rights, disfigurement can occur as falsification or manipulation of images. § 33 KunstUrhG (Copyright Act for Works of Art and Photography) penalizes the publication of falsified or disfigured images, so that here too the protected interest of ‘external appearance’ is considered.
Protection of honor and disfigurement
An attack on honor or reputation through publicity-effective disfigurement (e.g., in the press, social media) can trigger civil claims for injunctive relief, retraction, and damages.
Disfigurement in international law
In the international context, comparable terms exist in the criminal and civil law of other countries, sometimes with differing definitions and special protection mechanisms, for example in the area of human rights (protection from inhuman and degrading treatment).
Literature and case law on disfigurement
There is extensive case law regarding the interpretation and understanding of the term disfigurement, especially concerning the assessment of the degree, permanence, and socially relevant consequences of the disfigurement. In practice, a case-by-case assessment taking into account medical expert opinions and social standards is always decisive.
Summary
The term disfigurement is of central importance in the legal system when it comes to protecting external appearance, granting claims after injuries, and safeguarding intangible as well as material interests. The legal assessment of a disfigurement always essentially depends on the intensity, permanence, and social effects of the change. Multiple legal grounds in various areas of law ensure protection and compensation for those affected.
Frequently asked questions
Which legal regulations are relevant in connection with disfigurement?
Under German law, the term disfigurement is particularly relevant in criminal law and to some extent in civil law. In criminal law, the main regulations on disfigurement are found in § 226 of the German Criminal Code (StGB), which covers serious bodily injury. Disfigurement under the law is assumed when a person’s external appearance is permanently and significantly impaired, for example by scars, loss of a body part, or other major alterations. The law uses the element ‘permanent disfigurement’ to qualify bodily harm as grievous bodily harm. In civil law, especially tort law (e.g. § 823 BGB), disfigurement can give rise to claims for compensation and damages for pain and suffering if an unlawful act violates the general right of personality, the right to one’s own image, or the right to physical integrity and thereby causes disfigurement. Also in social compensation law and the Victims Compensation Act (OEG), a permanent disfigurement as a consequence of harm may play a role.
When is a disfigurement considered ‘permanent’ in legal terms?
Legally, a disfigurement is considered permanent when there is no reasonable prospect of fully restoring the person’s external appearance. Mere temporary changes are not sufficient to meet the legal element; rather, the impairment must exist for an unforeseeable time, at least for a significant period. The decisive criterion for judging permanence is generally the current state of medical knowledge at the time of assessment. Surgical or therapeutic interventions that are expected to lead to a full or almost full restoration of the original condition in the foreseeable future negate permanence. Case law does not define fixed periods, but always examines the individual circumstances and possibilities of medical progress.
What claims can victims of a disfigurement assert?
Victims of a legally relevant disfigurement have various claims, depending on the area of law. In criminal proceedings, a private accessory prosecution as well as the so-called adhesion procedure can be considered to assert civil claims such as compensation for pain and suffering or damages directly in the criminal trial. In civil law, claims exist for compensation for material damages (such as medical treatment costs, loss of earnings, future treatment expenses) and for non-material damages (compensation for pain and suffering) under §§ 823 et seq. BGB, especially where the disfigurement results from an unlawful act. In the context of workplace or private accidents, accident insurance policies may provide benefits for permanent physical or aesthetic impairment, depending on the contract. In social law, pensions or compensation payments can be sought under the Victims Compensation Act or the Social Code.
What role does disfigurement play in connection with cosmetic surgery after an accident?
If a person is disfigured due to an accident, there are frequently questions about the entitlement to reimbursement of the costs for cosmetic or reconstructive procedures. Under civil law, the injuring party may be obliged to cover all medically necessary treatment costs required for restoration, provided the measures are medically indicated. For cosmetically or aesthetically motivated procedures, a careful assessment is made as to whether these are necessary to restore the previous (functional and aesthetic) state. Private accident insurance may, depending on contractual provisions, grant benefits for so-called ‘external invalidity’ – in such policies, disfigurement as a separate benefit category is often expressly stipulated. Statutory health insurance usually covers costs if there is a medical indication and not merely an improvement of external appearance without a functional aspect.
Can a disfigurement affect working life or anti-discrimination law?
From a legal point of view, a permanent disfigurement can not only give rise to civil claims, but also affect labor law and anti-discrimination law. According to the General Equal Treatment Act (AGG), discrimination due to a disability is prohibited; whether a disfigurement constitutes a disability in a particular case depends on the extent and the individual impact on everyday life. If a disfigurement leads to restrictions in job selection, career advancement, or to bullying, claims for compensation and damages under the AGG may exist. Employers must also assess whether they are obliged under corporate integration management to take special account of affected employees or make reasonable adjustments to the workplace.
What is the significance of disfigurement in relation to the general right of personality?
The general right of personality, enshrined in Article 2(1) in conjunction with Article 1(1) of the Basic Law (GG) and protected by ordinary law, particularly § 823(1) BGB, also encompasses the right to respect and free development of the personality, including the right to physical integrity and the right to one’s own image. Disfigurement caused by third parties can constitute a serious violation of personal rights, especially when the external appearance, which is essential for a person’s identity, is permanently impaired. Case law regularly recognizes substantial claims for compensation, as disfigurement is often associated with severe psychological and social consequences in addition to the physical impairment.
What procedural particularities must be observed in connection with disfigurement?
If a disfigurement is asserted in court due to a damaging event, certain procedural particularities arise. The determination and assessment of a disfigurement is made by medical expert reports, which assess the degree, permanence, and consequences for daily life. In civil proceedings, the victim bears the burden of presentation and proof for the existence and consequences of the disfigurement. In criminal proceedings, the victim can join as a private accessory prosecutor and also assert claims for compensation for pain and suffering or damages during the criminal trial (adhesion procedure). In the event of particularly serious personal rights violations, an injunction suit may also be considered, especially in cases of publication or media dissemination of images of the disfigured person without consent.
