Self-defence in Germany: what the law allows, and where it stops.

German law lets you defend yourself, and other people, against an attack. Self-defence is called Notwehr, and an act of genuine self-defence is not unlawful at all, so it is neither a crime nor a reason to pay damages. The limits sit in a few words of the statute: the attack must be happening, and the defence must be what it takes to stop it.

This guide explains those words, what happens when fear makes you go too far, holding someone until the police arrive, and what you may carry. It is general information; whether a particular act was self-defence is decided on the facts of that case.

1. The rule

Whoever commits an act that is called for by self-defence does not act unlawfully. Self-defence is the defence that is necessary to fend off a present, unlawful attack on yourself or someone else (§ 32 StGB). Civil law uses the same words (§ 227 BGB), so an act of self-defence is also not a wrong you owe compensation for.

The rule protects more than your body. "An attack" can be on your health, your freedom or your property, for example someone grabbing your bag.

2. A present, unlawful attack

Present means the attack is about to happen, is happening, or is still going on. Once it is over, for example when the attacker has turned and walked away, there is nothing left to defend against, and hitting back then is not self-defence. A fear that someone might attack you later is not a present attack either.

Unlawful means the attacker has no right to do it. You can't claim self-defence against a police officer making a lawful arrest, or against someone who is themselves acting in self-defence against you.

3. Only what it takes to stop it

The defence must be necessary to end the attack. Unlike the necessity rule in section 6, the statute does not ask you to weigh the harm you cause against the harm you avoid. But the force has to match what it takes to stop this attack, and no more.

The statute also says the act must be called for (geboten) by self-defence. Courts read further limits into that word, for example where the person defending had provoked the attack. These limits come from case law and are decided on the facts of each case.

4. Defending someone else

The same rule covers defending another person who is being attacked (§ 32(2) StGB). The same limits apply: a present, unlawful attack, and only the force needed to end it.

5. Going too far out of fear

If you go beyond the limits of self-defence out of confusion, fear or fright, you are not punished (§ 33 StGB). The list is short: it does not cover anger or a wish to get even. Whether someone acted out of fear or out of anger is one of the questions an investigation looks at.

6. Danger that isn't an attack

Some emergencies have no attacker, like breaking a car window to get a child out of the heat. That is covered by a different rule, necessity (rechtfertigender Notstand): an act to avert a present danger that can't be averted otherwise is not unlawful if the interest protected substantially outweighs the one harmed, and the act is an appropriate means (§ 34 StGB). The balancing is stricter than for self-defence.

7. Holding someone for the police

Anyone may temporarily detain a person caught in the act or being chased right after it, if that person is suspected of trying to escape or their identity can't be established on the spot (§ 127(1) StPO). This allows holding someone until the police arrive, not punishing them. Call 110 first.

8. Knives, sprays and what you may carry

Self-defence is about how you react to an attack. It does not make it legal to carry something "just in case".

• Knives. Carrying a knife whose blade locks with one hand, or a fixed-blade knife with a blade over 12 cm, is banned in public unless you have a legitimate reason such as work, sport or tradition, or it is packed in a closed container (§ 42a WaffG). Self-defence is not listed as a legitimate reason.
• Events. Weapons, and knives of any kind, may not be carried at public festivals, markets, sports events, cinemas, clubs and similar events, with narrow exceptions (§ 42(1), (4a) WaffG). The same section lets the states ban weapons and knives in set zones, such as certain streets, squares and stations, so check local rules (§ 42(5) WaffG).
• Long-distance trains and coaches. Weapons and knives may not be carried on long-distance public transport or in its enclosed stations and stops, with narrow exceptions (§ 42b WaffG).
• Pepper spray. A device that sprays an irritant up to two metres counts as a weapon under the Weapons Act (Annex 1 WaffG, section 1, subsection 2, no. 1.2.2), so it falls under the event and transport bans too. Whether a particular spray may be bought and carried depends on how it is made, tested and labelled.

9. After you had to defend yourself

When someone is hurt, the police can investigate everyone involved, and the person who defended themselves may be treated as a suspect at first. Self-defence is examined inside that investigation; it is not decided on the spot.