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[–] 1 point 1 week ago (2 children)

In Germany it's literally illegal to sleep with a gun under your pillow as you are violating gun storage laws. This already makes your claim to self defense very murky. Because why are you breaking the law in the first place?

It could be argued you intended in advance to shoot whoever entered your home which would then constitute murder.

§ 34 StGB Justifiable Emergency.

Anyone who, in the face of an imminent and unavoidable danger to life, physical integrity, liberty, honor, property, or another legally protected interest, commits an act to avert the danger from themselves or another person does not act unlawfully if, upon weighing the conflicting interests—namely, the legally protected interests involved and the degree of danger threatening them—the protected interest substantially outweighs the interest that is impaired. This applies, however, only to the extent that the act is a reasonable means of averting the danger.

The right to personal property never substantially outweighs the interest of another person to stay alive. You must be (about to be) attacked to be able to resort to a gun.

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  • [–] 1 point 1 week ago* (1 child)

    I was afraid, confused and frightened, as any reasonable person in the situation when my home was broken into when I was asleep.

    33 StGB

    Whoever exceeds the limits of self-defence due to confusion, fear or fright incurs no penalty.

    The other legalese is literally making sure noone tries to use it as an excuse to "pre-emptively" maliciously defend themselves by shooting, idk, e.g. all the gingers, or shoots a child for stealing an apple from your orchard.

    Heck, even shooting your stalker could be considered justified self defense under German law.

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  • Proof in what exact way you were afraid, confused or frightened. Did you fear bodily harm? What made you think that? Did the intruder move to attack you? Did they notice you?

    The law is written such that you need to prove innocence, that is, the existence of these effects. If you cannot prove you felt this way you are guilty.

    as any reasonable person in this situation would

    That is not sufficient. It is always scary to be put into a situation where the need to self defence arises. You must prove your terror was exceptional.

    According to law student material of a university:

    The asthenic affect [confusion, fear fright] must be of such severity that the perpetrator is able to process the events only to a significantly reduced extent.

    https://www.uni-potsdam.de/de/rechtskunde-online/rechtsgebiete/strafrecht/entschuldigungsgruende/notwehrexzess-33-stgb

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