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After a robbery, the public prosecutor’s office investigates the robbers’ victim. This is the case in Bremen because a kiosk employee defended himself against two young people in Huchting. The attackers, aged 15 and 17, threatened the 19-year-old with a knife on Saturday, put him in a headlock and demanded money. According to the police, a scuffle ensued during which the attacker’s knife fell to the ground. The kiosk employee grabbed the gun and stabbed the 17-year-old several times in the back. Now the public prosecutor must decide whether to judge this situation as self-defense. If not, the 19-year-old will have to answer for grievous bodily harm.
Why was a complaint filed against the victim?
The robber suffered serious injuries and rescue workers took him to hospital for emergency surgery. However, there was no danger to life. According to police spokeswoman Nastasja-Klara Nadolska, the emergency services have to write a report in cases like these. The basis is the so-called legality principle. Accordingly, law enforcement authorities must investigate if they have knowledge of a possible crime. “It is up to the public prosecutor’s office whether an indictment is actually brought later,” says Nadolska.
Why are self-defense situations not always clear?
“Stabs in the back indicate that the specific situation was not about immediate averting danger,” explains criminal lawyer Joe Thérond. He is chairman of the Association of Criminal Defense Lawyers in Lower Saxony and Bremen. According to Thérond, the overall situation also plays a role. According to the police, the kiosk employee was first threatened with the knife before he used it against the robbers. “In self-defense, physical integrity does not necessarily have to be at risk,” explains Thérond. Even if other protected legal interests – for example property – are at risk, there is a right to defense. In Huchting, the robbers were after the money from the cash register.
How does the public prosecutor’s office assess the stabbings?
The public prosecutor’s office has not yet decided whether to assess the situation as self-defense and stop the proceedings against the kiosk employee. “We are currently examining the extensive evidence,” says spokeswoman Julia Roll. In addition to witness statements, this probably also includes video footage because the kiosk has installed a surveillance camera inside.
What is generally permitted in the context of self-defense?
The right formulated in the Criminal Code to “avert a current unlawful attack on oneself or others” is subject to conditions. This is how the attack has to happen straight away; there is no such thing as self-defense out of revenge. The legislature requires the defense attorney to choose the mildest means available to him that is suitable for preventing the crime. Even killing someone can be covered by self-defense if there were no milder means available. Example of a pistol: The defense lawyer would have to explain why a shot in the leg would not have been enough to stop the perpetrator. Victims who deliberately incite the perpetrator cannot or only partially rely on self-defense. Lawyers speak of a self-defense provocation here.
Does self-defense also serve to protect other people?
Yes. A prominent example of this from Bremen is the attack on a watchmaker in the district that occurred at the beginning of April. Ute Kraft rushed to help from the neighboring shop and hit the robber several times with a knife. It is not known whether the offender, who was sentenced to three years in prison, suffered any injuries. When asked, the public prosecutor’s office made it clear that there were never any proceedings against Ute Kraft because of possible injuries. The woman from Bremen, who was recognized for her moral courage, acted as part of emergency aid.
What do the police advise?
“We generally advise not to take any risks and to follow the perpetrators’ instructions,” says spokeswoman Nadolska. Victims should not resist or stand in the way of the perpetrators. “Instead, those affected should memorize the perpetrator’s characteristics and, if necessary, the direction in which he or she fled in order to be able to describe them to the police.”
The police also advise against arming yourself with a knife or pepper spray for self-protection. “This does not offer any security and can actually increase the risk,” warns Nadolska. Violations of weapons law regulations could also lead to fines or imprisonment. As an alternative, the police spokeswoman recommends a shrill alarm, also known as a pocket alarm. “When the alarm is triggered, a loud, shrill sound sounds, which draws the attention of bystanders to what is happening. The aim is for the perpetrator to desist from the crime in the face of possible witnesses,” explains Nadolska.
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