German law & Martial arts Legal principles

The knowledge of the legal principles regarding self-defense and its been accrued facts should actually be known to every people. Unfortunately, in today's environment is moral courage a rarely encountered good.

Every martial artist should be a "shining" example here. Precisely for this reason, it is for the active martial artist of distress to know the legal basis.

• First, to supply attackers, who have placed physical aggression to yourself or even mostly weaker citizens, to the statutory law.
• Second, to protect yourself relating for the legal defense against a random attack. (what is allowed, what is not)

Examples with legal background

The examples are based on the German law

• Aggressor (A) kicks the defender (V) for no reason. Before A performs another attack, he is brought to the ground by V, A been injured in this case and his clothes will be damaged.
  Because A has acted unlawfully by the attack (legal right of physical integrity), was the defense of V in self defense. V is neither liable for the violation of A nor for damaged clothing. In a provocation of V, there is no self defense.
  [Self-defence §32 StGB, §227 BGB]


• Aggressor (A) threatens the defender (V) in the context of a dispute to attack him with a knife, while he reaches into his pocket. A V brings him to the ground and demobilizes him.
  The attack of A was imminent and was thus present. V came before the impending danger.
  [Self-defence §32 StGB, §227 BGB]


• Aggressor (A) attacks the defender (V) unlawfully and physically afterwards he walks away. He is later caught by V.
  Here is no self defense situation given because V has no longer to defend. V can for law enforcement purposes provisionally arrest the perpetrators.
  [Self-defence §32 StGB, §227 BGB, §127 StPO]


• Aggressor (A) wants to hold the defender (V) at the arm, V fends off the grip and defends himself with a blow to the throat of A.
  Here V exceeds the corresponding dimension of the defense, the defense is not ratio in accordance.
  [Self-defence §32 StGB, §227 BGB]


• Aggressor (A), coat the defender (V). V brings A through an appropriate defense technique to fall. A will be unconscious. V strikes repeating at A who is lying on the floor.
  V makes here no bodily harm, because V has committed the act ou of confusion, fear or terror.
  [Excessive self-defence §33 StGB]


• Aggressor (A) strikes the innocent U. The adventitious defender (V) sets A out of action.
  The requirements of self-defense apply for emergency assistance, unless U did not defend himself.
  [Self-defence §32 StGB, §227 BGB]


• The drunken A wants to drive off with his car, cajoling by passers P, not to use the vehicle does not bear fruit. P takes the car key from A with body use.
  Here is a justification of the existence of emergency.
  [Necessity §34 StGB, §228 BGB]