If you are not completely sure what is allowed at the crucial moment, this could cost valuable time to protect yourself.
In a civilized society, the right to self-defense is an essential element that protects both individual well-being and public order. In Germany, as in many other countries, self-defense is a fundamental legal principle that enables citizens to protect themselves and others in emergency situations. This blog post provides a comprehensive overview of the legal basis for self-defense in Germany.
The Civil Code defines " self-defense " as follows:
§227 BGB self-defense
(1) An act required by self-defense is not unlawful.
(2) Self-defense is the defense necessary to avert a current unlawful attack on oneself or another.
The Criminal Code defines " Self-defense " almost identical to this:
§32 StGB self-defense
(1) Anyone who commits an act that is necessary in self-defense is not acting unlawfully.
(2) Self-defense is the defense necessary to avert a current unlawful attack on oneself or another.
It is therefore clearly regulated that defensive measures carried out during an attack are not punishable. But before you act in self-defense, there must be a situation of self-defense, which in this sense acts as a justification.
The subjective self-defense situation
The legal basis for self-defense takes into account not only objective circumstances, but also the subjective perception of the defending party. This means that self-defense is justified if the defender acts in good faith and believes that self-defense is necessary, even if it later turns out that the situation was different.
Protection of third parties
Self-defense in Germany applies not only to the defense of oneself, but also to the defense of others. If someone witnesses an unlawful attack on another person and intervenes to protect that person, this can also be recognized as self-defense.
Limits of self-defense
It is important to note that there are limits to self-defense. The force or measure used must be stopped immediately as soon as the threat has been averted. Furthermore, no revenge or retaliation may be exercised.
Reporting requirement
After a self-defense situation, it is advisable to inform the police and report the incident. This is to support the legal process and ensure that the circumstances of self-defense are appropriately reviewed.
Proportionality:
The force or measure used must be proportionate to the danger. This means that the defense cannot be excessive. For example, if the attacker poses only a mild threat, the use of lethal force is usually disproportionate.
Proportionality is not anchored in this paragraph. At the time of danger, the person being attacked may defend himself using the means at his disposal. To the extent that allows him to end or escape the emergency situation.
Many people therefore resort to the popular self-defense weapon pepper spray (legally available as “animal repellent spray”) to protect themselves and others quickly and effectively.
Conclusion and recommendation for action: Your safety comes first!
However, security should not be left to chance. To be optimally prepared in emergency situations, we recommend high-quality self-defense products that can offer you an additional layer of security. Our product a-mano was developed to offer you protection in an emergency and is unique in its form and effectiveness!
Invest in your safety and that of your loved ones by using the best tools to best protect yourself in self-defense situations. Your safety comes first and we are here to help you.