Can I defend myself with force?
Yes, but only within what's required. If you're presently and unlawfully attacked, you may defend yourself under § 32 StGB (self-defence) — and also help others (defence of others). Permitted is the defence that is required to end the attack at once and safely; you needn't choose the mildest but a suitable, effective means. Limits: the attack must be present (not retaliation afterwards), and the defence must not be grossly disproportionate (e.g. lethal force against a harmless slap). For exceeding self-defence out of fear/fright you may go unpunished (§ 33 StGB).
📋 The rules
- Prerequisite: a present, unlawful attack
- Permitted is the required defence (suitable + effective)
- No duty to dodge/flee an unlawful attack
- Limit: no gross disproportion
- Defence of others is also justified (§ 32 StGB)
🔓 Exceptions
- Retaliation/revenge after the attack ends isn't self-defence (then punishable)
- Exceeding self-defence out of confusion, fear or fright: unpunished (§ 33 StGB)
- Against attacks by those without criminal capacity (e.g. children) a limited self-defence applies
⚠️ Penalties & fines
If you stay within self-defence, you act justified — i.e. unpunished, even if the attacker is injured. But if you go grossly beyond it or strike after the attack (retaliation), that can be assault or worse — a fine or prison. Using pepper spray labelled 'for animal defence' against people is only covered within self-defence. When in doubt: ward off the attack, then stop and call the police.
📎 Official sources
❓ Frequently asked
Can I physically defend myself?
Yes. Faced with a present, unlawful attack you may defend yourself — with the means needed to end the attack safely. You needn't flee and needn't choose the weakest means, but an effective one.
Where's the limit of self-defence?
The defence must not be grossly disproportionate. Lethal or severe force against a minor attack isn't covered. And once the attack is over, self-defence ends — striking afterwards is retaliation and punishable.
Do I have to run away first?
No. Against an unlawful attack you needn't dodge or flee. Right needn't yield to wrong. Still, it's wise to avoid escalation where you safely can.
Can I come to others' aid?
Yes, that's defence of others and also covered by § 32 StGB. You may defend another person who's being unlawfully attacked within the same limits as yourself — required and not excessive.
What if I go too far out of fear?
If you exceed self-defence out of confusion, fear or fright, you stay unpunished under § 33 StGB. But that only applies to exceeding it out of these states of weakness, not to targeted retaliation.
🔎 Common searches
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