Quote:
Originally Posted by Dan D
So, under German law, it would be rightful self-defense, too, if an attempted car theft leads to a dead car thief because the car-owner was better armed.
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I think shooting a car thief in the back while he's trying to get away would be regarded as excessive force in a German court. I believe it would be called "Extensiver Notwehrexzess".
Have a look at this link (German only) and the example on the bottom of the page.
http://www.juraforum.de/lexikon/notwehrexzess
It stands in stark contrast to your 1920 case.