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Comment by lukan | original | Lawmakers added $1 to car insurance policies. That money paid for Flock cameras
[−]lukan · 2026-08-30 Sun 09:04 UTC · link
Germany has had some weird court decisions in that regard, in general the law does say flee and not shoot back if this is an option. But mostly courts are reasonable and do not punish the victim. Only if the victim decides to use violence after the threat is over

https://www.hrr-strafrecht.de/3/15/3-199-15.php

But there was even a case, where a hells angel shot a police officer in his home who were doing a raid - and got free (because they did not identify themself as police).

https://www.lto.de/recht/hintergruende/h/bgh-spricht-hells-a...

[−]bulbar · 2026-08-30 Sun 09:11 UTC · link
The law says your are allowed to stand your ground. You don't have to flee.

> But there was even a case,

I don't know the details of the case, but if somebody thought some criminals are raiding his house with guns and it's reasonable the he thought that, then he's fully within his rights to defend himself and, depending on the necessities, by shooting at them.

Still terrible what happened, of course.

[−]lukan · 2026-08-30 Sun 09:19 UTC · link
"The law says your are allowed to stand your ground. You don't have to flee."

No it does not in germany (and I think most other states of the world).

If fleeing is a safe option - this is what you have to do instead of shooting. Reality just seldom is so clear.

[−]bulbar · 2026-08-30 Sun 16:43 UTC · link
See here for example as reference: https://www.heidelberg-strafrecht.de/notwehr.html

> Allerdings gilt besonders hier der Grundsatz, dass das Unrecht dem Recht nicht zu weichen braucht. Man darf sich zur Wehr setzten und muss nicht flüchten.

Translation: > However, the principle that wrongdoing need not give way to what is right applies here in particular. One is allowed to defend oneself and is not required to flee.

I believe that's pretty common and a sane approach.