Defensive weir and protective weir
Defense and defense are terms of the self-defense doctrine of the German criminal law . They are important in connection with the defensive act to ward off a current attack.
Trutzwehr means that the attacked person actively defends himself, i.e. goes over to a counterattack.
Defense is present when the attack is repulsed defensively (evasion and flight).
In order to be recognized as a justification and not to be interpreted as a criminal offense , self-defense measures are limited to protective defense in exceptional cases. Attacks by children or people who are obviously mistaken or acting innocently must not be parried with counter attacks. This follows from the requirement that self-defense is required, Section 32 (1) of the Criminal Code .
Individual evidence
- ↑ a b Kristian Kühl in: Lackner / Kühl, 29th edition. 2018, StGB § 32 Rn. 8: "Defense can be defensive defense (protective defense) or counterattack (defensive defense)".
- ↑ The term "defensive defense"
