How can someone who has protected and resisted be reported for assault?

Ca
12

My sister came to my living room very aggressively yesterday (before that she badly insulted me several times) and became violent. At first I only protected and granted myself. Then she just closed the windows in the heat and when I opened them again she became palpable and aggressive again. Then she threw my cell phone and laptop against the wall and I went completely crazy and attacked her. I hit her in the face a few times because she pulled my hair very hard and like a vicious dog I have to hit her more times. As a result, she has some bruises and me too. I have scratches and wounds all over the place. My clothes are torn. She was very brutal and aggressive.

I told the cops about that. They once reported dangerous bodily harm and bodily harm to her (because of the kitchen knife). And with me physical injury, although I only granted myself and wanted to protect my property.

Is that right what they did?

Er

Self-defense must be proportionate and is defined by the fact that you are in the situation to protect your body, life, property, etc. If necessary by force. From the moment you do it, e.g. Pushed away from you, it is no longer self-defense, because you have achieved the purpose. In this respect, slapping MULTIPLE in the face would be like defending yourself against an intruder with a knife.
If he attacks you for the first time is self-defense, but if he lies on the ground and you happily stab him further, it is no longer self-defense, because the corresponding situation no longer exists.

There's nothing in your design about a kitchen knife.
But if you hit your sister several times, I consider assault to be justified.

Er

So, of course, the notice of assault. Not the act itself.

Jo

The police are not judges, they just found that two people attacked each other here and that property damage as well as bodily harm had occurred.

The public prosecutor's office now has to take care of the details. And at some point, maybe a court will pass judgment.

Po

In this respect, slapping MULTIPLE in the face would be like defending yourself against an intruder with a knife.

I understood it to mean that she didn't let go of him. And as long as she doesn't let go of him, he can defend himself.

Ca

Yes, I withdrew after the attack, but she wouldn't let go of me.

Se

Oh god you poor one. You can both withdraw your ads. What do your parents say about this? Otherwise I would report them for damage to property. And how is the relationship today? You probably still have to live together.

Ca

No, your registration on paper is actually not in our apartment at all. That's why the police took her to her sister's

po

Self-defense must be proportionate

This is WRONG!

Proportionality is NOT checked in self-defense! The term is often misinterpreted in this context.

po

It's like defending yourself against an intruder with a knife.

You can record "helpful" as "accidentally", because the quoted part is also wrong. That would still be self-defense!

You can even kill a burglar. That has nothing to do with proportionality. Defending one's belongings is also self-defense.

Gu

In the case of self-defense, proceedings are always initiated. Even if a bank employee hits a thief.

op

With normal KV, it depends on the injured party, he files a criminal complaint
(KV according to § 223 StGB is an application offense) then it is determined.
From dangerous KV (§224 StGB ff.) A report is made in any case because an official offense. This is a completely normal procedure, after all, in the case of self-defense, you intervene in the rights of third parties and commit e.g. The offense bodily harm. Whether this was justified in the case of self-defense is then assessed in the course of the investigation.

Ca

So did she get a report right away for dangerous bodily harm?