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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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    Does "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?
    – phoog
    Sep 26 '20 at 15:09
  • Basically she slapped me and so after a second i gently pushed her away.
    – Mihnea
    Sep 26 '20 at 16:35
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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:

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  • Yes, she first slapped me and then I gently pushed her.
    – Mihnea
    Sep 26 '20 at 16:34
  • @Mihnea Then it is form of mild retaliation. Sep 26 '20 at 17:12

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