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Not guilty after eye injury: Disco boss in Anklam exonerated!
Pasewalk District Court acquits a security chief after serious bodily harm, lack of evidence is decisive.
Not guilty after eye injury: Disco boss in Anklam exonerated!
A dramatic incident in Anklam is causing a stir: a security chief at a disco was acquitted, although he was responsible for a punch that seriously injured a 37-year-old man in the eye. 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 resorted to self-defense. The injured party literally lost out in this incident and has been struggling with almost complete blindness in one eye ever since. According to Nordkurier, he suffered two fractures in his eye socket and irreparable retinal injuries, which required several operations.
The Pasewalk district court decided on Thursday not to find the security chief guilty. The main reason for this decision was a lack of evidence, as there was no credible testimony that could challenge the defendant's version of self-defense. The public prosecutor and court agreed that the evidence was not sufficient to secure a conviction. Although the public prosecutor's office had demanded a prison sentence of one year and eight months, which should be suspended, the acquittal represented a surprising turnaround.
Context for self-defense
But what does this acquittal mean specifically in the context of self-defense? Lawyers point out that self-defense is permissible in certain situations, as case law shows. A similar case of self-defense was dealt with by the Federal Court of Justice, according to which the psychological state of the defendant may also play a role. If someone is in an acutely threatening situation, their actions could appear in a different light. In the present case, the defendant's defense was not adequately refuted, even though the seriousness of the injury to the injured party was serious [HT Criminal Law](https://ht-strafrecht.de/blog/defensio/zu-unrecht-verjudt-bgh- Judged-in-spektakulaerem-fall-von-notwehr/).
Another point to consider: In 2017, over 137,000 cases of dangerous and serious bodily harm were reported in Germany, with numbers declining until 2021 odabs. It is clear that personal injury is a serious problem and that the legal framework is often complicated and complex.
The consequences for the injured party
Despite his serious injuries, the injured party can continue to work at a boat building company. But the prognosis for his injured eye remains bleak: a medical examiner gave him little hope of recovery, and the possibility of complete blindness hovers over him like a shadow. His request for compensation was also rejected by the court, which only exacerbated the difficult situation.
The judgment is currently not yet legally binding; the deadline for a possible appeal is one week. Whether this could be another step toward justice for the injured party remains to be seen.