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Trial of the Neubrandenburg self-defense case: appeal before the BGH!
Neubrandenburg: News about the trial about self-defense and shots in a bar, appeal pending at the Federal Court of Justice.
Trial of the Neubrandenburg self-defense case: appeal before the BGH!
The Neubrandenburg trial surrounding the shocking shots in front of a dance bar that caused a stir in October 2024 continues. The 24-year-old defendant, who was sentenced to three years in prison for grievous bodily harm on June 27, has filed an appeal together with his defense. This is reported by the SVZ.
The public prosecutor's office, on the other hand, is demanding a higher prison sentence of almost six years because the charge of attempted murder was dropped due to a question of self-defense. One aspect that will concern the courts in this case is the legal assessment of self-defense. Depending on the circumstances, a shot from a pistol can be considered both self-defense and attempted murder, as shown by previous decisions of the Federal Court of Justice (BGH). HT criminal law explained.
The argument
The convicted shooter admitted that he had acted in self-defense. He said he first fired a warning shot before firing twice at the main attacker, who ran towards him, assuming it was just a blank gun. He also allegedly shot a second attacker, a Chechen, which further escalated the situation. Both men knew each other from the martial arts scene and had to be treated in the clinic because the shots temporarily put their lives in danger.
The defendant's motivation for becoming involved in a conflict of this nature raises questions. What is certain is that self-defense is legitimate under certain conditions. However, case law makes it clear that such a decision often arises in the area of tension between the attacker and the defender. The Criminal law blogger emphasizes that criminal liability is excluded if the defense is based on confusion or fear. Here the case of the Neubrandenburg shooter could possibly be judged differently in the higher court.
The future of the procedure
The appeal of the case is now being heard by the Federal Court of Justice, which could take an estimated year. During this time, the issue of weapons remains in the air. The weapon involved in the incident remains missing to this day. The defendant had already spent eight months in custody before the verdict, but after the verdict was announced, the handcuffs that accompanied him to court were removed because the court saw no risk of escape. Ten spectators acknowledged the verdict with loud applause and cheers. The course of the trial remains exciting and the legal assessments are being watched with great attention.