Grievous bodily harm: self-defense excess

Before the juvenile court of the district court had Ellwangen to answer a 20-year-old man on suspicion of grievous bodily harm. He was accused of severely injured at a party a 23-year-old man to have. The victim suffered lacerations on his face and a fracture of the foot, so that he even six weeks war.Das incapacitated victims came to court as plaintiffs.

The defendant testified that he had acted in self-defense. Although he had hit the man with a beer bottle, but this was just a reflex was because the plaintiff wanted to attack him. Prior to the plaintiffs and the defendants have attacked a companion already. For this reason, the defense attorney asked for an acquittal.

The prosecution requested a two-week youth arrest for aggravated assault.
The court followed the view of criminal defense. If it were a very common self-defense within the meaning of § 33 excess of the Criminal Code. After that an offender is not penalized, exceeds the out of confusion, fear or terror, the limits of self-defense. The defendants could expect to be attacked immediately. Therefore, the court released the accused because of self-defense.

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