assault or grave insult from the injured person shall be sentenced to imprisonment for
not more than three years.
Grievous Bodily Harm
Article 124
(1) Whoever inflicts bodily harm on another or damages his health so gravely
that this results in a risk to the life of the injured person, the destruction or substantial
permanent impairment of any vital part or organ of the body, permanent loss of his ability
to work, or serious permanent damage to his health shall be sentenced to imprisonment
for not less than one and not more than ten years.
(2) If the injury under the preceding paragraph results in the death of the injured
person, the perpetrator shall be sentenced to imprisonment between three and fifteen
years.
(3) Whoever commits the offence under paragraph 1 of this Article by
negligence shall be sentenced to imprisonment for not more than three years.
(4) The perpetrator, who commits the offence under paragraphs 1 or 2 of this
Article through no fault of his own and in a sudden heat of passion provoked by assault
or grave insult from the injured person, shall be sentenced to imprisonment for not less
than six months and not more than five years.
Exclusion of Criminal Offence in Bodily Harm
with the Consent of the Injured Person
Article 125
(1) Causing actual bodily harm (Article 122) shall not be illegal if the injured
person gave his consent. In this event, the consent of the person representing the minor
or helpless person in accordance with the law and caring for their health shall be
considered.
(2) Intentional infliction of aggravated (Article 123) or grievous (Article 124)
bodily harm shall be illegal if the injured person gave his consent and providing that
interests of another person were not affected or that a common legal value was not
endangered.
(3) Irrespective of the preceding paragraph, intentional infliction of aggravated
or grievous bodily harm during medical treatment or medical activity shall not be illegal if
the consent was given in the form and under the conditions stipulated by law.
(4) If the injured person recalls his consent during the commitment of the
criminal offence of aggravated or grievous bodily harm, it shall not affect the exclusion of
illegality of the acts under the preceding paragraph; in the cases under paragraph 2 of