Timeline for Is it okay to push someone off your property if you've told them to leave but still didn't. Germany
Current License: CC BY-SA 4.0
8 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Apr 2, 2022 at 9:15 | comment | added | Mark Johnson | @KaiBurghardt So the burden of getting the case to a trial would be a better way to express this (not burden of proof as in my comment). | |
| Apr 2, 2022 at 8:57 | comment | added | Mark Johnson | @KaiBurghardt But if you make charges, you must make a statement (which should be compleate and truthfull). As a defendent, you only need to react. If the original statement didn't meationed that they were asked to leave beforhand, then the defendent can simply add that. For the OP a much simpler solution. | |
| Apr 2, 2022 at 8:38 | comment | added | Kai Burghardt | @MarkJohnson In a German court of criminal procedure nobody has the burden to prove anything. The facts of the case are discovered by the court itself, Ermittlungsgrundsatz. In civil proceedings the party wanting something has the burden of proof, Beibringungsgrundsatz, but in public law (including penal law) courts do not “trust” (potential) criminal’s self-presented “evidence”. | |
| Apr 2, 2022 at 4:33 | comment | added | Mark Johnson | @Alex Stage 1: You told her to leave, she refused. Stage 2: Since she refused the verbal request to leave, you enforce the eviction with a proporotional responce (pushing her out of the room). She attacks you to prevent her eviction. Stage 3: You protect yourself from her unlawful attack, which would never have come about had she left at your first request. If she presses charges, she must explain, to the statifaction of the judge, why her presence was lawful after Stage 1. The judge will determin if your responce was proporotional. The judge will then make a desion. | |
| Apr 2, 2022 at 3:50 | comment | added | Mark Johnson | @Alex You do not need to (nor should) press charges. The accuser must justify their action why they refused to leave at your request. The burdon of proof will be with them. Your action of eviction was caused by this refusal. | |
| Apr 1, 2022 at 21:26 | comment | added | ohwilleke | I don't agree with the secod paragraph. While Section 32 does not apply, Section 34 which includes defense of property does. | |
| Mar 31, 2022 at 19:36 | comment | added | Alex | Thank you so much, I wish to not take any other action against this person as I have forgiven them but if they are to press charges against me I will also press charges against them. Thank you for providing me with this comment, you have truly helped me alot mr/mrs. | |
| Mar 31, 2022 at 19:11 | history | answered | user6726 | CC BY-SA 4.0 |