Shocking court rulings: No 100,000 euros after hand severance!

Shocking court rulings: No 100,000 euros after hand severance!

In the summer of 2020, an incident occurred at a barbecue hut in Ochtendung, in the Mayen-Koblenz district, which was recently heard by the Koblenz regional court. A driver was celebrating with his friends, but when he got stuck in the woods while making a U-turn, he asked for help from a man who was chopping barbecue wood with a machete nearby. The man offered his support, but the driver felt threatened and took a blank pistol from the glove compartment to ward off his perceived danger.

The driver shot three times in the direction of the helpful man. He, assuming that his life was in danger, fought back when the shooter got out. In the ensuing argument, the man cut off the driver's left hand and injured his face. Fortunately, the injured man's hand was able to be sewn back on in an operation.

Court judgment and putative self-defense

After demanding damages of 100,000 euros, the Koblenz regional court dismissed the lawsuit. The court based its decision on the fact that the man with the machete was in a situation of so-called putative self-defense. This means that he mistakenly assumed that he had to defend himself against an unlawful attack, as described in the Wikipedia article on putative self-defense. The perpetrator wrongly assumes that there is an attack on him and acts accordingly.

The court pointed to a similar case that led to the application of the putative self-defense paragraph in the past, in which a Hells Angel was acquitted of manslaughter charges. A police officer was shot during a SEK operation, with the shooter saying he thought he was being attacked and had to defend himself. Such precedents demonstrate the complexity of the legal framework when dealing with self-defense and mistaken assumptions about threats.

The case in Ochtendung raises several questions about the limits of self-defense and shows how quickly misunderstandings can lead to serious consequences. While the driver's behavior put him in a dangerous situation, the question arises as to how the legal system deals with such erroneous reactions.

Legal implications

The definition of putative self-defense and its application in case law are of considerable interest in jurisprudence. It illustrates how important it is to clearly define the boundaries between self-defense and bodily harm. Apart from that, the current case also shows that deviating from definitions of self-defense can have significant legal consequences. The distinction between real and perceived attack could well have more serious consequences in a different context.

Overall, it remains to be seen how the case will receive further legal assessments, especially in view of the debates surrounding the topic of self-defense and the associated laws. It is also important for civil society to address these questions in order to develop a better understanding of the legal framework.