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Does Germany have a concept of self-defence/defence of others as a legal right? Frankly if somebody were forcibly trying to stop my car, I would assume hostile

Does Germany have a concept of self-defence/defence of others as a legal right? Frankly if somebody were forcibly trying to stop my car, I would assume hostile intend and I think most people would.

vkou 9y ago
In most countries, when presented with a threat, the onus is on you to retreat from it - unless you are somewhere you cannot retreat from - say, your home.
maxxxxx 9y ago
There is. The bar is much higher than in the US though.
detaro 9y ago
It exists, but good luck with that defense if your armed security really attacks unarmed protesters. Self-defense is to prevent immediate danger to you if nothing else works, not "I assumed hostile intent by those protesters" (and even in legitimate self-defense situations, overuse of force remains a thing, and I would hope a court would put very high standards for that against trained professionals, which would be expected to be able to evaluate the actual threat)
jlg23 9y ago
Rough summary of German laws: You have a right to defend yourself with the minimal force necessary to counter a threat to your safety. What a threat is and what "minimal force" is depends on the knowledge of a defendant: If you know martial arts or medicine you are held accountable for the results of your "self defense" according to much stricter standards than somebody who does not. Same for the evaluation of a threat: If you are trained in threat evaluation, you are expected to be much more level-headed in dangerous situations.
- majewsky 9y ago
  Good luck getting a fair trial though when your account stands against the account of a dozen police officers.
  - Teever 9y ago
    There will be many cameras at this event.
    - majewsky 9y ago
      German police cameras have an honored tradition of always facing away at the exact moment when police violence happens, like at the 2009 "Freedom not Fear" protest in Berlin.

Does Germany have a concept of self-defence/defence of others as a legal right? Frankly if somebody were forcibly trying to stop my car, I would assume hostile intend and I think most people would.

vkou 9y ago

In most countries, when presented with a threat, the onus is on you to retreat from it - unless you are somewhere you cannot retreat from - say, your home.

maxxxxx 9y ago

There is. The bar is much higher than in the US though.

detaro 9y ago

It exists, but good luck with that defense if your armed security really attacks unarmed protesters. Self-defense is to prevent immediate danger to you if nothing else works, not "I assumed hostile intent by those protesters" (and even in legitimate self-defense situations, overuse of force remains a thing, and I would hope a court would put very high standards for that against trained professionals, which would be expected to be able to evaluate the actual threat)

jlg23 9y ago

Rough summary of German laws: You have a right to defend yourself with the minimal force necessary to counter a threat to your safety. What a threat is and what "minimal force" is depends on the knowledge of a defendant: If you know martial arts or medicine you are held accountable for the results of your "self defense" according to much stricter standards than somebody who does not. Same for the evaluation of a threat: If you are trained in threat evaluation, you are expected to be much more level-headed in dangerous situations.

majewsky 9y ago
Good luck getting a fair trial though when your account stands against the account of a dozen police officers.
- Teever 9y ago
  There will be many cameras at this event.
  - majewsky 9y ago
    German police cameras have an honored tradition of always facing away at the exact moment when police violence happens, like at the 2009 "Freedom not Fear" protest in Berlin.