When is self-defense shot
Self-defense: when can I defend myself?
Not all bodily harm ends in onecriminal conviction. The actual illegality of the offense does not apply if fromSelf-defense is traded. The right to yourselfagainst violent attackers there was not always a need to fight back.
In the year1805 a well-known robber who had previously escaped from prison was stabbed to death by the miller while breaking into a remote mill. If it is aboutArbitrariness or murder out of self-defense acted, was at that time solely at the discretion of the competent judge or depended on the mercy of the respective sovereigns.
By theAbsence of a self-defense paragraph a lengthy process came about, which was accompanied by an intensive discussion between the leading legal scholars at the time. The external conditions - especially those of the French Revolution - as well as public pressure led to the fact that, in addition to theRight to self-defense a separate paragraph on this topic was introduced. The formulation from that time is still used todayvalid.
FAQ: Self Defense
Here you will find the definition of self-defense according to the Criminal Code (StGB).
Emergency aid is a form of self-defense in which you protect another person through your actions.
Here is an explanation of the difference between self-defense and emergency.
A definition of self-defense
What isSelf-defense exactly? A definition can be found in thecriminal code find again.Section 32 of the Criminal Code, which is also under the name"Self-defense paragraph" is known, states the following:
- Anyone who commits an act that is required by self-defense is not acting unlawfully.
- Self-defense is the defense required to avert a current unlawful attack on yourself or on another. "
The self-defense situation
It has to beSelf-defense be given in this sense asJustificationacts. An unlawful, current attack onlegally protected interests or legal interests fulfills this condition. Only then is it aboutSelf-defense according to the StGB. In addition, the attack must be carried out by someone else.
Should be aimpending injury Threaten because of human behavior, then it's about youAttack on legally protected interests or goods. This is also the case when, for example, aAttack dog is harassed on another person by its owner.
But when is itSelf-defense? So that aSelf-defense there must be the attackcurrently be, speakare imminent, have already started or are still ongoing. It must not be finished yet, otherwise thatRight to self-defense is no longer given. An example of this would be athreatening slap in the face. Even if the fist hasn't hit you yet,you can and should defend yourself.
The act of self-defense
As soon as you are attacked, you are of course allowed to defend yourself. However, this must be donewithin certain limits happen. It also has to be oneunlawful attack act. This is the case when the act is on the one hand in theContradiction to the valid legal system stands and on the other hand toocannot even be justified. Accordingly, it is not possibleSelf-defense against an act of self-defense to use.
The act must not be against third parties, butexclusively against the legal interests of the attacker judge. It must also be offered. There are certainly cases in which doubts arise as to whether aAct of self-defense would have been really necessary. If an adult z. B. attacked by a child, it is only then aboutSelf-defensewhen evasion seems impossible.
The emergency aid
Aspecial form of self-defense is emergency aid. She is also under the termSelf-defense known. There is also oneAct of self-defense what is done to help and defend another person.
Self-defense as well as emergency aid are usually subject tosame measuresthat may be taken to defend either yourself or another person. Accordingly, theEmergency aid according to the StGB a corresponding oneJustification are present. Third party help is needed, howevernot be asked let alone be wanted.
For example, becomes an elderly ladyambushed and the attacker is about to steal her handbag, then there is a reason what theEmergency aid justifies. The older woman is obviously unable to defend herself, which is why you have the right, even without being asked,intervene.
At aSelf-defense may theProportionality not to be let out of sight. Of course it shouldAct of self-defense capable of repelling and defending an attacker, but it must in any casemildest means required be. It mustn't be with thatInserting a firearm be responded if the attack is also by onePunch could have been repelled.
However, if third parties were present and can therefore be used asWitnesses testify, the whole thing can look different: Are the witnesses of the opinion that aPunch would not have been enoughIn order to stop the perpetrator and the use of a weapon was absolutely justified and understandable, then the act is calledSelf-defense according to criminal lawrated.
Whether it is aExceeding self-defense is, however, a decision is always made on a case-by-case basis. The following points play a role in the determination:
- Which type was there an attack?
- How dangerous was the attack?
- What physicalSkills did the perpetrator have?
- What means did he use to carry out the attack?
OfSelf-defense provocation is spoken when a person has aProvokes attack on himself. A distinction is made between two different situations:
- If the attack is provoked with the aim, the otherBeat up personbut this asSelf-defense is veiled (à la"He / she started!"), then it goes of coursenot about self-defense.
- However, if the attackis unintentionally provoked, for example through an insult, then the attacked person has the duty to try to prevent the attackto avoid firstbefore he can take other measures to protect himself. These must always be fromdefensive nature be. Only if this is not enough is allowedactive self-defense in the event of insultoperate.
The difference between self-defense and emergency
In contrast toSelf-defense is it for oneEmergency not an illegal, current attack, but oneState of immediate danger for legally protected interests. This danger can also onlyat the expense of other interests be averted.
For example, if you are attacked by a dog without its owner telling you, then lieno self-defense before since the attacks in this caseof people have to go out. But is it about oneDanger from objects or animals, then § 32 StGB applies instead228 BGB. There it says:
Anyone who damages or destroys a foreign object in order to avert an impending danger to himself or to another is not acting unlawfully if the damage or destruction is necessary to avert the danger and the damage is not disproportionate to the danger. If the agent is responsible for the danger, he is obliged to pay compensation. "
However, does the dog owner have his four-legged friendincited and incited on another person, then comesSection 32 of the Criminal Code to carry. Emergency is also divided intotwo areas, the justifying and the excusingEmergency. InSection 34 of the Criminal Codeis it called forjustifying emergency:
Anyone who commits an act in a current, not otherwise avertable danger to life, body, liberty, honor, property or another legal asset in order to avert the danger from himself or another, is not acting unlawfully if, after weighing up the conflicting interests, in particular the affected legal interests and the degree of the threats threatening them, the protected interest substantially outweighs the impaired. However, this only applies if the act is an appropriate means of averting the danger. "
The justifying state of emergency is therefore based on thatPrinciple of overriding interest.
In order to achieve a specific purpose, the rescue act is based on the balancing of goods and interests as aadequate means viewed.
The deed is alsonot illegalbecause there is a justification.
Section 35 of the Criminal Code, on the other hand, is devoted to the apologetic emergency
Anyone who commits an illegal act in a present, not otherwise avertable danger to life, body or freedom in order to avert the danger from himself, a relative or another person close to him, acts without guilt. This does not apply if the offender could be expected to accept the risk according to the circumstances, in particular because he caused the danger himself or because he was in a special legal relationship; however, the punishment can be reduced in accordance with Section 49 (1) if the perpetrator did not have to accept the risk in consideration of a special legal relationship. "
This is aboutequal interests that collide with each other. The perpetrator becomes astandard behavior not expected, which is why the legal system is lenient. Though the act asillegal is to be classified, becomes the perpetratorNo punishmentimposed because he acts without guilt.
Can I shoot a burglar in self-defense?
In the year2015 According to a media report, there was all over Germany167,136 cases of break-ins. That’s the end of the number9.9 percent gone up. Many Germans are unsure how to behave after realizing aforeign person located in the house.
According to the police, the already existsfirst mistake in following the burglarto face him. Rather, residents shouldEmergency call choose and then get to safety. It is always unclear how the burglar will behave, whether he will be aggressive oris even armed.
Even if you are using yourself as a hobbyistweapons you should only knowin the extreme case make use of it. For example, the owner of a workshop in Hanover had an intruder fromshot in the back and then declared that he hadacted in self-defense.
In another case it was aBurglar shot dead by a man from Hamburgafter he kicked in the door of his apartment. However, this is where the police officers leftSelf-defense resulting in death out.
The putative self-defense
In thePutative self-defense does a person assume that theRequirements for an act of self-defense are given, although this is not the case. In this case, the person concerned mistakenly reckons with onecurrent attack and thinks their behavior is necessary. For example, if a hunter thinks another person is aiming a rifle at him, he actsto the best of his / her conscience in self-defense and shoots this person.
However, it should turn out that the other person is merelyaccidentally pointed at the hunter with a stick, then it comes down to dangerous bodily harm. There was no attack, so the act cancannot be justified by self-defense. However, since the hunter saw his life in danger, he was of the opinion that he was in aSelf-defense and acted accordingly.
This behavior is also in one case ofSelf-defense against the police to observe. The defendant, a member of the motorcycle club"Hells Angels", had a year2011found out that he was from members of another club den"Bandidos"should be killed. At the same time, however, another preliminary investigation into the defendant's home was underwaySearch warranthas been issued.
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