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Emergency

Self-defense: when you may defend yourself and where the limit lies

Anyone who defends themselves against a present, unlawful attack acts in self-defense and is generally justified. But the defense must be necessary and, within limits, appropriate. Anyone who goes beyond what is necessary can become criminally liable; in particular situations, however, an excess remains free of penalty.

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Self-defense is the defense that is necessary to ward off a present, unlawful attack (§ 32 StGB). Anyone who acts in self-defense is justified and does not become criminally liable.
If you exceed self-defense out of confusion, fear or fright, you may remain free of penalty (§ 33 StGB). But the assessment strongly depends on the individual case, precisely here legal help is important.

What you should do now

  1. 1

    1. Record the situation

    Note precisely how the attack unfolded and how you defended yourself (witnesses, injuries, sequence).

  2. 2

    2. Remain silent

    If you are under accusation yourself, at first make no statement about the matter.

  3. 3

    3. Bring in a lawyer

    Have the self-defense situation reviewed by a lawyer before you comment, the distinction is delicate.

  4. 4

    4. Secure evidence

    Secure proof of the attack (medical certificates, witnesses, traces) that supports your defense.

How to spot the scam

  • You hastily make a 'confession', although a self-defense situation existed.
  • The defense went clearly beyond warding off the attack.
  • There are no witnesses or proof of the original attack.

Frequently asked questions

When may I defend myself?

Against a present, unlawful attack you may defend yourself (self-defense, § 32 StGB). The defense must be necessary to ward off the attack. If you act within the limits of self-defense, you are justified and do not become criminally liable.

What is an exceeding of self-defense?

When you go beyond what is necessary to ward off the attack. This can be punishable. But if you exceed self-defense out of confusion, fear or fright, you may remain free of penalty (§ 33 StGB). The assessment strongly depends on the individual case.

What should I do if I am accused myself?

First remain silent and bring in a criminal defense lawyer. The distinction between justified self-defense and punishable excess is delicate. Secure evidence of the original attack (medical certificates, witnesses), it is decisive for your defense.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.