Defence from what? According to the Freiburg court its okay to cause somebody braindamage, if said person is only approaching you? Good to know.
http://www.thelocal.de/society/20120713-43737.htmlA German neo-Nazi who drove into a group of leftists, leaving one with a brain injury, has been acquitted of attempted manslaughter. The judge found he was acting in self-defence.
The incident happened last October at a neo-Nazi event in Riegel am Rande in the southern German state of Baden-Württemberg.Süddeutsche Zeitung reported on Friday. The judge ruled that he had acted in self-defence while trying to escape, and that the prosecution had failed to prove that he was deliberately trying to harm anyone.
The 29-year-old accused was sitting in his car in a car park when he was approached by a group of left-wing extremists, who had their faces covered. The neo-Nazi reacted by starting the ignition and driving into them at speed, hitting a 22-year-old.
The young man suffered a severe head injury and haemorrhaging, and continues to suffer from a speech impediment and motor dysfunctions.
But a Freiburg court acquitted the neo-Nazi of all charges, the
"Justice is not biased," the judge said in her closing statements, adding that the trial had not been about political views, but whether a crime had been committed. She argued that the principle of "innocent until proven guilty" also applied to neo-Nazis.
The state is now obliged to pay damages to the neo-Nazi for taking away his driving license following the incident.
A court press statement said that the left-wing activists could easily have got out of the car's way, and that although the accused could have taken another route to avoid a collision, the judge could not rule out that he had panicked and not noticed this alternative.
The court also disregarded the prosecution's evidence that the accused had posted a message on Facebook shortly before the incident, saying that he would love to be in a situation where he could "get" a leftist.
Defence from what? According to the Freiburg court its okay to cause somebody braindamage, if said person is only approaching you? Good to know.
The provocative FB message gives the acquittal a sour note...
With that being said, Leftist extremists in this country have become extremely violent. Every now and again they even rough up random people which they mistook for a neo-Nazi - for example, a student was pushed on subway tracks by a couple of self-proclaimed Antifa fighters once only because he had worn a shirt with a Norwegian flag resembling the "Thor Steinar" fashion the neo-Nazis like.
What's a big deal, if situation looked like described in that article there is plenty of room to classify his reaction as self-defence. I'm sure the judge did everyting necessary to clear that up.
Is there a thing like preemptive seld-defence?
Im not stupid , i just dont know that much about law. Thats why i was asking. The article says that they were only approaching his car. So the innocent until proven guilty principle should apply to them also. Hence my question, can somebody act in selfdefence when no harm was done to said person.
I'm not sure how it looks in Germany but usually when somebody is pointing his gun into you you have all right to shoot him before he does. If a group of people with their face covered is approaching you when you sit in your car you can run even if that people are standing on your way. You can be found as guilty only if you rammed that people deliberately when having ways to avoid doing harm to them.
Since you dont know any details of that situation you cannot criticize the judgement.
Seeing that there wasn't any evidence to suggest he deliberately run somebody over, odds are they approached his vehicle making threats or displaying other sorts of aggressive behaviour. They were hooded, after all.
The law, however, doesn't require a person to run a thorough and cold-blooded threat analysis under these circumstances. It only requires you to feel threatened.
Let me guess, this would be no news, if no neo nazis were involved..
I ****ing hate antifa thugs. Bunch of cowards who run when they are equal in numbers from people they attack and only "zerg" unsuspecting victims. And if they get beaten up they cry foul to the police media etc. Nazi dummies are like cuddly little kittens compared to those ****s.
Well, fighting in equal numbers against people who spend half of their time pumping iron isnt that good idea(especially when one takes drugs himself instead of doing sport). You must consider that weight and muscle difference between common antifa guy and common neonazi.