A Klagenfurt soldier thought his service weapon was unloaded and seriously injured a comrade with it. The victim has been waiting for compensation for two years. There is now an interim judgment from the Supreme Court.
For the judiciary it is a “service impairment”, for the 22-year-old victim from Upper Austria probably an impairment for the whole life: the young man was shot as a conscript in a military barracks in southern Styria by a man from Klagenfurt and hit in the thigh. Roughly negligent bodily harm The militia soldier (28) had assumed his Glock was not loaded when he was handling it, aiming and pulling the trigger. He hit his comrade in the thigh. “A testicle was shot,” confirms lawyer Philipp Tschernitz, who represents the perpetrator. He was sentenced to a combination of penalties – four months conditional imprisonment plus a 240 daily rate fine – for grossly negligent bodily harm. But who is liable for the health consequences? Who is paying? The soldier has been waiting for compensation for two years. Now there is a first interim ruling by the Supreme Court: The Republic cannot wipe itself off. The Army Supply Act applies to conscripts who suffer damage to their health while on duty. This “service damage” must be compensated. How much a broken testicle is worth is still unclear – around 22,000 euros are required.
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