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German law & Martial arts
Criminal Code - StGB
Keywords:
Self defense, emergency, assault, brawl, coercion
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In extracts, reduced to the relevant paragraphs and sections for the martial artist
Fourth Title
Self defence, Necessity and Duress
Section 32 Self-defence
(1) A person who commits an act in self-defence does not act unlawfully.
(2) Self-defence means any defensive action that is necessary to avert an imminent unlawful attack on oneself or another.
Section 33 Excessive self-defence
A person who exceeds the limits of self-defence out of confusion, fear or terror shall not be held criminally liable.
Section 34 Necessity
A person who, faced with an imminent danger to life, limb, freedom, honour, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from himself or another, does not act unlawfully, if, upon weighing the con icting interests, in particular the affected legal interests and the degree of the danger facing them, the protected interest substantially outweighs the one interfered with. This shall apply only if and to the extent that the act committed is an adequate means to avert the danger.
Section 35 Duress
(1) A person who, faced with an imminent danger to life, limb or freedom which cannot otherwise be averted, commits an unlawful act to avert the danger from himself, a relative or person close to him, acts without guilt. This shall not apply if and to the extent that the offender could be expected under the circumstances to accept the danger, in particular, because he himself had caused the danger, or was under a special legal obligation to do so; the sentence may be mitigated pursuant to section 49(1) unless the offender was required to accept the danger because of a special legal obligation to do so.
(2) If at the time of the commission of the act a person mistakenly assumes that circumstances exist which would excuse him under subsection (1) above, he will only be liable if the mistake was avoidable. The sentence shall be mitigated pursuant to section 49(1).
Section 223 Causing bodily harm
(1) Whosoever physically assaults or damages the health of another person, shall be liable to imprisonment not exceeding five years or a fine.
(2) The attempt shall be punishable.
Section 224 Causing bodily harm by dangerous means
(1) Whosoever causes bodily harm
- by administering poison or other noxious substances;
- by using a weapon or other dangerous instrument;
- by acting by stealth;
- by acting jointly with another; or
- by methods that pose a danger to life,
shall be liable to imprisonment from six months to ten years, in less serious cases to imprisonment from three months to five years.
(2) The attempt shall be punishable.
Section 226 Causing grievous bodily harm
(1) If the injury results in the victim
- losing his sight in one eye or in both eyes, his hearing, his speech or his ability to procreate;
- losing or losing permanently the ability to use an important member;
- being permanently and seriously disfigured or contracting a lingering illness, becoming paralysed, mentally ill or disabled,
the penalty shall be imprisonment from one to ten years.
Section 227 Infliction of bodily harm causing death
(1) If the offender causes the death of the victim through the infliction of bodily harm (Sections 223 to 226) the penalty shall be imprisonment of not less than three years.
§ 231 Taking part in a brawl
(1) Whosoever takes part in a brawl or an attack committed against one person by more than one person shall be liable for this participation to imprisonment not exceeding three years or a fine if the death of a person or grievous bodily harm (section 226) is caused by the brawl or the attack.
(2) Whosoever took part in the brawl or the attack without being to blame for it shall not be liable under subsection (1) above.
Section 240 Using threats or force to cause a person to do, suffer or omit an act
(1) Whosoever unlawfully with force or threat of serious harm causes a person to commit, suffer or omit an act shall be liable to imprisonment not exceeding three years or a fine.
(2) The act shall be unlawful if the use of force or the threat of harm is deemed inappropriate for the purpose of achieving the desired outcome.
(3) The attempt shall be punishable.
Section 323c Omission to effect an easy rescue
Whosoever does not render assistance during accidents or a common danger or emergency although it is necessary and can be expected of him under the circumstances, particularly if it is possible without substantial danger to himself and without violation of other important duties shall be liable to imprisonment not exceeding one year or a fine.
Source: Criminal Code (StGB) / juris GmbH
