Freespruch after eye injury: Disco boss in Anklam relieved!

Freespruch after eye injury: Disco boss in Anklam relieved!

A dramatic incident in Anklam causes excitement: a security chief of a disco was acquitted, although he is responsible for a punch that seriously injured a 37-year-old man. The incident occurred on November 21, 2021, when the defendant, a 29-year-old former martial artist, felt threatened by a group of men and escaped for self-defense. In this incident, the injured party literally pulled the shorter and has been fighting with almost complete blindness in one eye. According to Nordkurier, he suffered two breaks in the eye socket and non-repairable retinal injuries.

The Pasewalk District Court decided on Thursday that the chief of security was not guilty. The main reason for this decision was a lack of evidence, since no credible testimonies were presented that could question the accused's self-defense version. The public prosecutor and court agreed that the evidence was not sufficient to enforce a conviction. The public prosecutor had asked for a prison sentence of one year and eight months, which should be suspended, but the acquittal was a surprising turn.

context for self -defense

But what does this acquittal mean specifically in the context of self -defense? Lawyers point out that self -defense is permitted in certain situations, as the case law also shows. A similar case of self -defense was treated by the Federal Court of Justice, according to which the mental constitution of the accused can also play a role. If someone is in an acute threat situation, action could appear in a different light. In the present case, the defendant's defense was not sufficiently refuted, although the severity of the injury of the injured party is seriously weighed https://ht-strafrecht.de/blog/defensio/zu-unrecht-valem-bgh-iv-in-pektakulaerem-fall-von-notwehr/).

Another point to consider: In 2017, over 137,000 cases of dangerous and serious bodily harm were reported in Germany, whereby the figures decreased by 2021 [odabs. It is therefore clear that bodily harm is a serious problem and the legal framework is often complicated and complex.

The effects for the injured party

Despite his serious injuries, the injured party can continue to work on a boat construction company. But the forecast for his injured eye remains bleak: a forensic doctor hardly gave him hope of relaxation, and the possibility of complete blindness hovers like a shadow above him. The court also dismissed his application for compensation, which only tightens the difficult situation.

Currently the judgment is not yet final; The deadline for a possible appeal is one week. It remains to be seen whether this could be another step towards justice for the injured party.