“Even when it is clear from the outset that a cause is doomed, one must still fight, so the enemy gains nothing for free.”
Bernard Werber
Being afraid of a fight is entirely normal. Human beings carry a self-preservation instinct that makes both men and women want to avoid dangerous situations. Sensible, well-mannered members of society try to resolve problems peacefully. But some individuals prefer to use their fists, forcing others to respond to aggression with aggression and to overcome their own fear so it doesn’t stand in the way of prevailing. As is well known, violations of another person’s personal space in Germany, including physical violence, are strictly protected under the law. In particular, causing bodily harm in Germany is a criminal offense prosecuted under the Criminal Code (StGB). Under German law, causing bodily harm is divided into: simple bodily harm (§223 StGB), bodily harm involving a weapon, dangerous objects or substances (§224 StGB), and grievous bodily harm (§226 StGB). Simple bodily harm involves causing minor injury to a person’s health without using a dangerous object (for example, a kick). Bodily harm with dangerous objects means using a weapon, a dangerous object or a substance while committing the offense, or committing it in a more dangerous way, for example together with other people. Such injuries involve minor or moderate harm to health. Grievous bodily harm involves causing serious harm to a person’s health — for example, the loss of eyesight, hearing, or a body part.
Defense against an attack and the limits of self-defense. Very often, bodily harm is caused to another person in the course of defending oneself against that person’s own attack. Where a person causes bodily harm to another while defending themselves against an assault, this is a matter of self-defense (German: Notwehr, §32 StGB). A person defending themselves against another person’s attack acts in a state of self-defense and is therefore not acting unlawfully. Under §32(2) StGB, self-defense is understood as the defense necessary to prevent an unlawful attack that is currently threatening the person at the time of the act.
Under §223 of the German Criminal Code, liability for causing bodily harm takes the form of imprisonment for up to five years or a fine. For bodily harm involving a weapon or dangerous objects, or for grievous bodily harm, the law provides for more severe penalties. What is most frustrating of all is when a person is charged with causing bodily harm in a fight that, in essence, never took place — sometimes because of false accusations, sometimes because of an absurd coincidence of circumstances. Where such charges are brought, it is essential to act quickly and decisively. A lawyer specializing in criminal law can provide invaluable help here, since they know the finer points and nuances of handling such cases properly. This helps an innocent person avoid an unjust punishment, and helps someone who is actually guilty receive a sentence strictly proportionate to what they did. In this article, we describe one case in which we were able to help a client avoid an undeserved punishment.
Client Story: A Notice About an Electrician on the Stairwell Wall
A young man named Konstantin (name changed), a Latvian citizen, came to us for a consultation. Konstantin found himself, seemingly out of nowhere, caught up in a difficult situation, and was in urgent need of support from an experienced criminal defense lawyer. Of our client’s story, one could say it would have been quite funny, were it not so unfortunate. Here is what happened. Konstantin had moved from Latvia about two years earlier in search of better-paid work and had settled in one of the eastern districts of Berlin, finding a small apartment suitable for comfortable living together with two friends who were also looking for good work.
One day, on his way home, he saw a notice posted on the stairwell wall announcing that an electrician would be coming to repair one of the electricity meters installed in the building. Konstantin did not think much of it, and by the next day had simply forgotten about the notice entirely. One Friday afternoon, the young man was at home, lying on the couch and idly flipping through TV channels with the remote. Hearing an odd noise outside his door, Konstantin got up and looked through the peephole, where he saw a man doing something incomprehensible to the electricity meter.
A Conversation at the Door and a Fateful Push
Konstantin opened the door and, in what German he could manage, asked what exactly was going on. The electrician tried to explain that he had come to repair the meter, but that this was impossible, since he lacked the key to the meter’s cabinet. Konstantin, not understanding even half of what was said, could only shrug. The electrician continued, explaining that if there was no key, the building manager needed to be located. When Konstantin shrugged again, the electrician, apparently suspecting something was off about the young man, asked him to show identification for the apartment. Thoroughly bewildered, Konstantin wanted nothing more than to end this incomprehensible conversation as quickly as possible and get back to his favorite TV channels.
By a fateful coincidence, just as he began closing the door to his apartment, the electrician stepped too close, and our client pushed the unwelcome visitor away and slammed the door shut with full force. It should be noted that our client had exercised regularly throughout his life and was in reasonably good physical shape. As it happened, the man who had come only to repair the ill-fated electricity meter was, as a result of our client’s push, thrown against the opposite wall. Rushing down the stairs, he got into his car and called the police to the scene. When officers arrived, the elderly man gave a vivid account of events and demanded that the “criminal” be punished to the full extent of the law. The police drew up a report on the incident, recording the details of what had happened, and then left peacefully.
Our client Konstantin naturally forgot all about the incident within a couple of days, attaching no significance to it whatsoever. One can only imagine his surprise when he received a summons to appear for questioning by the police, in order to clarify the circumstances of a case opened against him under §223 of the German Criminal Code. Liability for causing bodily harm, as noted above, took the form of either a substantial fine or imprisonment for up to five years. Fortunately, the young man had the good sense to immediately consult a criminal defense lawyer.
The Lawyer’s Work: Stairwell Geometry as a Defense Argument
The lawyer wasted no time requesting the case file, which revealed the full circumstances of the incident. Based on the information obtained, as well as our client’s own account, he prepared a petition to the public prosecutor’s office.
First, the lawyer pointed out that the layout of the apartment’s front door and the opposite wall on the stairwell landing made it physically impossible, however hard one might try, to push the victim against the wall with enough force to cause even minor bodily harm.
Second, the victim had no evidence whatsoever confirming that such injuries had actually been caused by our client.
Finally, the lawyer pointed out that Konstantin was by no means known for an aggressive temperament and had no prior record of anything of the sort. In fact, up to that point, he had no record of any offenses in Germany at all — further evidence that he could not simply have attacked the electrician for no reason.
Outcome: Case Closed
Based on the arguments presented, the lawyer requested in the petition that the case be discontinued for lack of sufficient grounds, under §170(2) of the German Code of Criminal Procedure (Strafprozessordnung — StPO). Just a week later, to our client’s great relief, the prosecutor’s office responded that our firm’s petition had been granted and that the previously opened criminal case had been successfully discontinued for lack of sufficient grounds. Needless to say, our client felt an enormous weight lifted off his shoulders. He thanked us sincerely for our excellent work, and we wished him good luck in all his future endeavors. We add this case to our record of matters brought to a successful conclusion — once again confirming that timely legal assistance from an experienced lawyer can prove decisive to a case’s successful outcome.
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