Concept and definition of poisoning in a legal context
In a legal context, the term ‘poisoning’ refers to a health impairment caused by the ingestion of toxic substances. The legal significance of poisoning extends from civil and criminal liability for health impairments to specific regulations in labor, environmental, and pharmaceutical law. Poisoning can occur as a result of both acute and chronic exposure to toxic substances.
Distinction from related terms
Legally, a distinction is made between poisoning, contamination, and simple health impairment. While contamination usually describes mere pollution, poisoning requires a harmful effect of a substance, typically caused by its toxic action. Thus, health injuries due to poisoning are distinguished from physical injuries or other damages without toxic effects.
Poisoning in criminal law
Offenses related to poisoning
Under German criminal law, several offenses are relevant in which poisoning plays a central role. The most important include:
Bodily harm by means of poison (§ 224 para. 1 no. 1 StGB)
The use of poison as a dangerous tool in connection with bodily harm constitutes a qualifying offense under § 224 para. 1 no. 1 StGB. ‘Poison’ refers to substances that, by their nature and amount, are capable of causing significant harm to health, regardless of whether they are artificial or natural.
Dangerous bodily harm and negligent poisoning
Negligent administration of poison leading to impairment of health may be prosecuted under the rules governing negligent bodily harm (§ 229 StGB). (Co-)causing poisoning events through omission or lack of due care may therefore be a criminal offense.
Killing by poisoning (§ 211, § 212 StGB)
In homicide cases, both intentional and negligent killing by poisoning are considered particularly serious crimes. Poisoning is mentioned in § 211 StGB as a characteristic of murder (treacherous and cruel execution of the offense), which can result in a life sentence if the other conditions are met.
Unauthorized handling of hazardous substances (§§ 314, 330 StGB)
The Criminal Code also penalizes causing danger by poisoning water (§ 324a StGB) and causing an explosion by gases (§ 308 StGB). In particular, unauthorized handling of hazardous substances in commercial, medical, or industrial contexts is sanctioned by numerous criminal provisions.
Definition of ‘poison’ in criminal law
According to established case law, all inorganic or organic substances are considered poisons if, under the specific circumstances of their administration, they are capable of causing significant health impairments or death through chemical or chemical-physical effects.
Poisoning in civil law
Liability aspects
The ingestion or administration of a toxic substance may give rise to civil claims, especially under tort law (§§ 823 et seq. BGB), product liability law, and contract law. The main question is whether the damage was caused intentionally, negligently, or by accident.
Claims for damages and compensation for pain and suffering
If health damages are suffered as a result of poisoning, those affected can assert claims for damages and compensation for pain and suffering against the responsible person or institution. Liability generally presupposes that the poisoning is attributable to culpable conduct or an objective breach of duty.
Product liability for poisoning
If poisoning symptoms are caused by defective products (e.g. food, pharmaceuticals, chemicals), the provisions of the Product Liability Act (§§ 1 et seq. ProdHaftG) apply. The manufacturer is liable regardless of fault for all personal injuries caused thereby, provided it can be proven that the product was defective at the time it was placed on the market.
Occupational safety against poisoning
Labor law regulates in detail the handling of hazardous substances in the workplace. Under the Hazardous Substances Ordinance (GefStoffV), the employer is obliged to protect employees from the risks of poisoning and to implement appropriate protective measures.
Poisoning in public law
Environmental protection and water law
In public law, particular risks of poisoning are regulated in environmental and water law. The aim is to protect soil, water, and air from contamination and chemical pollution.
Criminal and administrative offenses in the environmental sector
Poisoning of surface or groundwater is penalized under § 324a StGB, § 62 WHG (Federal Water Act), as well as on the basis of numerous environmental law provisions. Both private individuals and companies may be held liable if their actions or omissions lead to environmental pollution.
Food and pharmaceutical law
In food and pharmaceutical law, the prevention of poisoning is one of the central legal objectives. The Food, Commodities and Feed Code (LFGB) and the Medicines Act (AMG) each contain definitions and specific instructions for handling and preventing contamination or poisoning of the respective products.
Recall and reporting obligations
If poisonings become known, e.g. due to defective medicines or contaminated food, those responsible must report them immediately and withdraw the affected products from the market.
Legal requirements of proof and problems of evidence
Proving poisoning, especially tracing it to a specific cause and responsibility, presents a considerable challenge in legal practice. Due to often diffuse symptoms and numerous potential sources of poison, it is regularly necessary to obtain expert opinions and ensure an unbroken chain of evidence. The degree of proof affects whether and to what extent claims can be enforced.
Relevant case law
Courts have often dealt with questions surrounding poisoning, particularly in relation to proof of the poison, the chain of causation (causality between intake and damage), and fault. The Federal Court of Justice has repeatedly held that the requirements for demonstration and proof are high but not unattainable, provided that indicators and circumstantial evidence are evaluated systematically.
Practical significance
Poisonings are of legal relevance in many areas of life: in the workplace, when handling products, in public, and in private life. Knowledge of the legal principles and the associated duties of care and operator obligations is crucial in order to minimize liability risks and strengthen the integrity of one’s legal position.
Literature
- Grebing, Helmut: Der Begriff des Gifts im Strafrecht, NStZ 1982, 502-505.
- Bock, Christian/Wessels, Wolfgang: Das neue Umweltstrafrecht, 2nd edition, 2019.
- MüKoStGB/Schneider, 4th ed. 2021, § 224 Rn. 13 ff.
Weblinks
Frequently asked questions
What legal consequences can arise from negligent poisoning?
Negligent poisoning, according to German criminal law, can lead to various legal consequences. First, it constitutes a form of bodily injury (§ 223 StGB) caused by negligence (§ 229 StGB). The crucial point is that the perpetrator neglected the necessary level of care, causing another person to suffer poisoning. The penalty ranges from a fine to imprisonment for up to three years. If several people or especially vulnerable groups (e.g. children) are harmed, the penalty can increase. Furthermore, civil liability may also arise, such as claims for damages and compensation for pain and suffering under § 823 BGB. Both private individuals and companies may be liable, for example, if hazardous substances were not handled properly. In insurance law, coverage could be denied if gross negligence is found.
Is the mere placing on the market of toxic substances punishable?
Placing toxic or harmful substances on the market may be punishable even if no poisoning has occurred, especially under § 328 StGB (Unauthorized handling of hazardous substances and goods). The focus here is on whether the individual produced, imported, exported, stored, transported, or supplied hazardous substances without official authorization. Specific laws, such as the Chemicals Act (ChemG) or the Food and Feed Code (LFGB), also regulate further obligations and prohibitions regarding the handling and marketing of toxic substances. Violations may be punished by imprisonment or fines, with administrative consequences such as the withdrawal of permits also possible.
When does bodily injury by poisoning constitute a criminal offense?
Bodily injury by poisoning is punishable under German law as soon as another person is harmed in their physical integrity by the administration of a health-impairing substance (§ 223 StGB). If poisoning is intentionally caused and toxic substances are used, the offense even qualifies under § 224 para. 1 no. 1 StGB (‘by means of poison’), which is classified as aggravated bodily harm. Here, a stricter range of penalties applies (six months to ten years imprisonment). The term ‘poison’ is interpreted broadly and covers any organic or inorganic substance that, through chemical or physicochemical action, is suitable to harm health. A single administration is sufficient; lasting harm is not required.
What obligations do physicians have in reporting and treating poisoning?
In Germany, physicians are subject to professional and criminal legal obligations in dealing with poisonings. First and foremost, they are required to initiate immediate treatment to avert acute danger to life. The failure to provide assistance can be relevant as a criminal offense under § 323c StGB. In addition, there are reporting obligations under the Infection Protection Act (§ 6 IfSG) for certain poisoning-related illnesses, whereby medical confidentiality under § 203 StGB must generally be observed. In cases of suspected criminal acts (e.g., poisoning as attempted murder), breaching confidentiality may be justified and the physician may be required to report the case (§ 138 StGB: Failure to report planned crimes). Civilly, doctors may also be liable for treatment errors under § 823 BGB.
Are there specific criminal law provisions regarding poisoning in road traffic?
In connection with road traffic, it is especially relevant whether poisoning has led to incapacity to drive. If a person is rendered unfit to drive through intentional or negligent poisoning and causes an accident as a result, the provisions on endangering road traffic (§ 315c StGB) and negligent bodily injury or homicide (§§ 222, 229 StGB) may apply. The perpetrator can face a driving ban, revocation of their driving license, and a custodial or monetary sentence.
Can parents be held liable for poisoning their child?
Parents are generally liable for injuries and damages they cause to their children through negligent behavior. If making toxic substances available or failing to secure them in the household constitutes a breach of supervisory duty under § 1631 BGB in conjunction with § 832 BGB, they can be held accountable both criminally (negligent bodily injury under § 229 StGB) and civilly (damages and compensation for pain and suffering). In particularly serious cases, even removal of custody may be considered (§ 1666 BGB).
What significance does the burden of proof have in cases of alleged poisoning?
In cases of poisoning, the public prosecutor’s office or the plaintiff generally bears the burden of proof that a criminal act – such as intentional or negligent poisoning – has occurred. Causality, fault, and commission of the act must be proven beyond reasonable doubt. In civil law, the principle of pleading and burden of proof applies, so the injured party must demonstrate causality between the conduct of the injurer and the poisoning. If proof is difficult, circumstantial evidence and expert opinions may play a crucial role. The probative value of medical certificates and toxicological analyses is often decisive for the outcome of proceedings.
