Knife attack in the park: self -defense or intentional killing? Process under pressure!

Knife attack in the park: self -defense or intentional killing? Process under pressure!

A shocking incident recently caused a sensation when a 54-year-old commented on the events of June 7, 2024 in the course of a process. However, the accused, who already had 31 criminal records, admitted that he had stung a bread knife in the neck of a 40-year-old, claimed that this had happened in self-defense. He told the court that he was in the park with friends to consume alcohol and drugs when the 40-year-old came aggressively towards him and attacked him with a small knife. "I have to open it and do something," said the accused. According to a judicial report, however, the violation of the knife stab was not life -threatening. A conviction could bring him up to 20 years in prison, as ORF Vienna reported.

self -defense in the focus of the judiciary

The topic of self -defense plays a major role in case law, especially when it comes to attacks. A judgment of the Federal Court of Justice stipulates that someone who is massively insulted may defend themselves against such attacks as part of the right to self -defense law. This became clear in the case of a defendant who had stuck a knife from his counterpart after numerous insulting statements. The accused, who suffered from schizophrenia, was unable to counter the provocative situation. Here the court found that although there was no physical threat, the massive insult is an attack on the honor that is also capable of self -defense. However, the court in Wuppertal also had to check whether an overreaction was in such a stress-loaded situation, since