I have a question, about 3 or 4 months ago, i was just outside chilling with some of my friends and then some girl came and slapped me, all i did was push her back in self defense. I just want to know if that is legal or not. I live in Germany, thank you.
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2Does "in self defense" belong to "push" or to "slapped"? On reflection it seems like it must be "pushed," but the word order here made me think at first that you had been "slapped in self defense." Can you clarify?– phoogSep 26, 2020 at 15:09
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Basically she slapped me and so after a second i gently pushed her away.– MihneaSep 26, 2020 at 16:35
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Did something happen when you pushed her? Did she fall, did she get injured, was she in any danger of falling off a cliff or something? Did she topple something when she stumbled back? Just "pushing her" is probably a crime on paper, but I cannot see any cop or DA in their right mind coming after someone for "pushing" someone, if it did not actually create a danger(ous situation).– nvoigtAug 10 at 20:14
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1 Answer
If you pushed her back after she slapped you and it is not clear that a second slapping would occur (or she slapped you, because you pushed her)
- then it is not self-defence
- you (or she) did not prevent a present unlawful attack
If it is clear that you are going to be slapped
- then pushing her away, in a reasonable manor, is self-defence
- you prevented a present unlawful attack
What is considered reasonable will later be determined by a judge.
§ 32 - Self-defence StGB
(2) ‘Self-defence’ means any defensive action which is necessary to avert a present unlawful attack on oneself or another.
Sources:
answered Sep 26, 2020 at 15:45
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