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German Penal Code

General Principles of Justification


General Part Chapter 2.  The Act Title 4.  Emergency Defense and State of Emergency

§ 32.  Emergency defense.
    (I) Whoever commits an act necessitated by an emergency defense acts not unlawfully.
    (II) Emergency defense is that defense which is necessary to avert a present unlawful attack upon
oneself or another.
 
§ 33.  Exceeding the emergency defense.
If the actor exceeds the bounds of emergency defense due to confusion, fear or fright, then he is not punished.
 
§ 34.  State of emergency as justification.
Whoever commits an act in a present and otherwise unavertable danger to life, body, liberty, honor, property or another law good to avert the danger from himself or another, acts not unlawfully if in weighing the conflicting interests, particularly the affected law goods and the degree of the danger threatening them, the protected interest substantially outweighs the impaired one.   However, this is applicable only insofar as the act is an appropriate means to avert the danger.
 
§ 35.  State of emergency as excuse.
    (I) Whoever commits an unlawful act in a present and otherwise unavertable danger to life, body or liberty to avert the danger from himself, a relative or another person close to him, acts without guilt.  This is not applicable insofar as the actor can be expected to accept the danger, particularly because he himself caused the danger or because he held a special legal relationship; however, the punishment can be mitigated according to § 49(I) if the actor did not have to accept the danger in consideration of a special legal relationship.
    (II) If the actor in committing the act mistakenly assumes circumstances that would excuse him according to subsection (I), then he is punished only if he could avoided the mistake.  The punishment is to be mitigated according to § 49(I).