The legal basis of self-defense

The legislator has regulated criminal self-defense in Section 32 of the German Criminal Code (StGB) in order to give people the right to defend themselves in certain situations. According to this law, anyone who commits a criminal act that is required by self-defense does not act unlawfully. The law further defines the concept of self-defense as the defense necessary to avert a present unlawful attack against oneself or another. This means that self-defense may be exercised not only in one's own defense, but also to aid another person who is under attack. However, the attack must be immediate - for example, striking down an attacker after he has completed his unlawful attack is not self-defense!

The scope of self-defense

Self-defense may be exercised whenever a person or another person is attacked. This includes not only physical attacks, but also situations where property or domestic rights are threatened. This means that self-defense is always justified when one of the protected legal interests, such as body, life, property or honor, is threatened.

The right to defend oneself in self-defense situations

In a self-defense situation, a person has the right to defend himself against the attack. In this regard, the law requires that the person use the mildest means available. However, it is important to note that this "mildest means" must also be effective enough to repel the attack safely and definitively. The person is not required to try milder means first to see if they can stop the attacker. The choice of means of defense also depends on the specific situation and the available means. The person does not have to choose a defense that involves a risk of injury. The right of self-defense allows anything that is suitable to safely and definitively repel the attack, as long as it is the mildest means available. Fleeing from the attackers is not considered a milder means of defense. Thus, a person does not have to be blamed for the fact that he or she could have fled. Right does not have to give way to wrong.

The use of weapons in self-defense situations

In the event of an attack, a person may also use weapons if this is the mildest means available. Suppose a person is attacked at night in his home by two masked perpetrators who threaten him with a gun. In the nightstand drawer are pepper spray and a hammer. Although the use of pepper spray would be the milder means from the perpetrators' point of view, it would probably not be effective enough to end the attack safely and definitively, given the specific attack situation. The use of the hammer, which can cause the most serious injuries, could therefore be justified in such a situation to ensure one's own safety.

What is the best self-defense strategy?

The best self-defense does not consist solely of learning fighting techniques, but rather of long-term strategic approaches. It is about avoiding situations where violence is imminent and focusing primarily on prevention and risk management. Effective self-defense begins with awareness of one's surroundings and the potential dangers that may accompany them. It involves developing self-awareness, confidence, and the ability to recognize danger early and respond appropriately. Long-term strategies include, for example, improving one's fitness, planning escape routes, building a strong social network, knowing the legal framework, and using communication and de-escalation techniques. By being proactive and focusing on different aspects of self-defense, you can create the best long-term opportunity to avoid violence and protect yourself effectively.

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