| ▲ | weinzierl 12 hours ago | |||||||
§32 StGB requires "Erforderlichkeit" (necessity) AND "Gebotenheit" (appropriateness). The knife vs gun example is from legal education to teach that §32 StGB requires the mildest means available in the concrete situation. | ||||||||
| ▲ | whstl 11 hours ago | parent [-] | |||||||
But if the "mildest mean available" of self-defence against a knife assailant is a gun, the a gun is the most appropriate, simply because others aren't available. Naturally pretty much nobody has a gun, so not a problem, but this has happened and has been discussed. Germany doesn't have proportionality. And there are even other articles like §33 StGB, which excuses excess arising from fear, fright or confusion, which is what happens if someone points a knife at you. "Gebotenheit" refers mainly to what I'm talking about in my second sentence (trying other means before shooting) and to sozialethische Einschränkungen (e.g.: psychosis, provocation, trivial attacks, etc), it doesn't "forbid" using a legal gun against an assailant actively attacking you with a knife as a last resort. | ||||||||
| ||||||||