Facts
The case concerns a complainant who was physically attacked by two persons and subsequently defended himself with a knife. The lower court had convicted the complainant of attempted grievous bodily harm, as it considered the use of the knife disproportionate. The complainant alleged a violation of the provisions on legitimate self-defense.
The Federal Supreme Court overturned the judgment of the lower court and acquitted the complainant. It concluded that the complainant was in a situation of legitimate self-defense and the use of the knife was to be considered an appropriate means of defense under the specific circumstances.
Considerations
The Federal Supreme Court stated that the complainant was exposed to a numerical and physical superiority and had to expect significant injuries. Under these circumstances, he was not obliged to engage in the confrontation only with bare hands and feet, but was allowed to use effective means of defense.
While the use of dangerous tools such as knives requires particular restraint, as it always carries the risk of serious or even fatal injuries, in the present case the complainant had initially attempted a milder use of the knife by…