Restriction of the Right of Self-Defense in Germany
The right of self-defense can be severely restricted in certain situations. Case law has defined several groups of cases in which the right of self-defense is restricted:
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Excess in self-defense: One speaks of an excess of self-defense when the limits of self-defense are exceeded:
- “Intensive Excess of Self-Defense”: In the case of an intensive excess of self-defense, a disproportionately strong means of defense is used, although milder means would have sufficed.
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