Review after a knife attack: self -defense or questionable defense?

Review after a knife attack: self -defense or questionable defense?

A explosive judgment felled the Augsburg District Court in the case of a knife attack, which took place in December 2024 at Königsplatz. The 31-year-old defendant was surprisingly acquitted, which could represent the breath of the day for some. The process of the argument that broke out after a drug business ended with the question: Was it self -defense or not?

The victim, a 34-year-old man, suffered a remarkable knife cut on the neck. But the evidence was critical: the court could not rule out that the injured party could have been armed with a knife. "The accused acted with the intention of defending his friends," said the court. This opened an exciting legal terrain, because if the defendant had actually acted in self -defense or emergency aid, this would have justified his act.

self -defense and emergency aid: a closer look

In such explosive situations, German criminal law plays a crucial role. According to § 32 StGB, self -defense is the most important reason for justification in criminal law, and its prerequisite is strict. This means that a current and illegal attack must be available in order to consider a defense act as justified. In the case of the acquitted accused, emergency aid for his friends could have been used as such a reason if the court affirmed the self -defense situation. Jura individually indicates that in an aggressive attack, the defense should be done without violating the attacking legal goods.

In addition, the court indicated that the question of whether the victim used a knife was not decisive for the judgment. If the knife had actually played a role, the intention for emergency aid would have been given and the court was therefore dependent on § 34 StGB, the justifying emergency. In addition, Examio explains that there may be no direct interventions in the rights of the attacked.

consequences of acquittal

After almost five months in custody, the acquitted man was finally released into freedom. It was confirmed that he tried to protect himself and his friends in his actions in the best of his knowledge and belief. Now the accused has the opportunity to take legal action in order to request a compensation for the time of his stay in prison. This could not only be a financial balance, but also a way to restore his name and honor.

The judgment raises numerous questions about the area of ​​tension between self -defense and the perception of dangers. In society, where drug crime and violent arguments are constant issues, it remains to be seen how legal precedents will develop.

Overall, this judgment is another mosaic stone in the discussion about self -defense and the laws that regulate our coexistence. thus addresses the social challenges that go into accordance with such cases.