Self-defence and necessity are central institutions of the General Part of
German Penal Law. Numerous problems of considerable practical and
theoretical relevance are connected with them. How to deal with
“self-defence” and “necessity” is also an indicator of liberality or, on the
other hand, of the minimum solidarity and public spirit which a State can
concede to its citizens or demand of them. In German criminal theory,
“self-defence” and “necessity” are closely connected with the release of the
distinction between justification and excuse and all conclusions derived
thereof.
Instead of elaborating on fundamental or purely theoretical problems
concerning self-defence and necessity, an illustration of the contents of
the German provisions of self-defence and necessity from a more technical,
but nevertheless practical, point of view will be discussed. In the course
of the discussion, some differences between the Israeli Draft law and the
German law will be pointed out, and some problems which are unsolved in
German law and may possibly confront Israeli law in the future will be
brought to your attention.