What is self defense
SELF-DEFENSE - WHAT IS ALLOWED?
Your right to self-defense - what is self-defense?
Do you see yourself one unlawful attack at the mercy of you, you may defend yourself and defend yourself. This is regulated by Paragraph 32 of the German Criminal Code. The so-called Self-defense paragraph (§32 StGB) is about the defense required to avert a current unlawful attack on yourself or on another.
Self-defense can not only be exercised to protect one's own integrity, but also to protect one's own and others' individual rights, such as, for examplehuman dignity, honor, Life, health, freedom, and possession. Intervening to help a third person or defending the pet against an attacker is therefore a matter of self-defense.
“Self-defense allows the attacker to violate legal interests and obliges him to tolerate him. Therefore one puts through Self-defense justified act no wrong The right to self-defense is distinguished from other reasons of justification by the fact that it gives the agent particularly far-reaching powers to intervene. " (Source: Wikipedia.de)
Criminal Code (StGB)
Section 32 Self-Defense
(1) Anyone who commits an act that is required by self-defense is not acting unlawfully.
(2) Self-defense is the defense that is required to avert a current unlawful attack on oneself or on another.
Section 33 Exceeding self-defense
If the perpetrator exceeds the limits of self-defense out of confusion, fear or horror, he will not be punished.
Section 34 Justifying State of Emergency
Anyone who commits an act in a current, not otherwise avertable danger to life, body, freedom, honor, property or another legal asset in order to avert the danger from himself or another, does not act unlawfully if, when weighing up the conflicting interests, in particular the affected legal interests and the degree of 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.
Source: Criminal Code StGB
Right does not have to give way to wrong!
If you are in a dangerous situation and have to use force to defend yourself, this use of force, provided it is appropriate, is not punishable. Which self-defense is justified and which is not always depends on the individual case. In case of doubt, a judge has to decide. The following principle applies to his decision: the right need not give way to the wrong.
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