General Principles of Justification
§ 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).