Overview
- Experts reaffirm that self-defense in German law permits action against a present, unlawful attack to protect one’s own or others’ rights, with immunity even if the act would ordinarily be a crime.
- A defensive act is allowed only while an attack is imminent or ongoing, so once a situation has de-escalated it no longer qualifies as self-defense.
- Any response must be the least severe effective means and proportionate to the threat, with courts rejecting harsh measures over minor property losses or other trivial harms.
- Use of firearms carries heightened requirements: a warning shot first, an injuring shot only if necessary, and a lethal shot solely as a last resort.
- Exceeding lawful limits is punishable unless the overreaction stems from confusion, fear or terror, illustrated by the ‘Kirschbaum’ example where shooting fleeing cherry thieves would be deemed disproportionate.