Acquittal in Anklam: Martial artist remains unpunished despite serious injury!

Acquittal in Anklam: Martial artist remains unpunished despite serious injury!

On November 21, 2021, the situation in front of a disco in Anklam came to a head when a martial artist and security guard became involved in a violent argument. A 37-year-old man who was seriously injured in his eye that night is now faced with the consequences: he is almost blind in one eye. In a recent verdict, the Pasewalk District Court acquitted the 29-year-old defendant, which caused disappointment among both the injured parties and their relatives.

The court found that there was insufficient evidence to confirm that the defendant, who served as head of security, did not act in a self-defense situation. Judge Gerald Fleckenstein said the credibility of the witness statements, including that of the victim's companion, was questionable. In this context, the importance of thoroughly examining the circumstances of an incident was emphasized.

A look at the background

The argument that led to this incident broke out after the head of security refused to allow another man into the disco. This led to the injured party and his friends wanting to resolve the situation themselves instead of calling the police. In the ensuing scuffle there was an attack on the security chief, who stated that he had only acted in self-defense. He admitted to lashing out, which raised questions about what legally constitutes self-defense and what the limits are. This topic in particular was dealt with in a spectacular case by the Federal Court of Justice (BGH), in which the interpretation of the law of self-defense was crucial. It was emphasized there that self-defense is not illegal and that in certain cases, such as transgression due to fear or terror, criminal liability can be ruled out.

The nature of the victim's injury was serious: he suffered two fractures in the eye socket and irreparable retinal injuries that required three operations. The forensic doctor's prognosis is bleak: complete blindness in the injured eye could be the sad reality. However, despite these challenges, he is able to continue working at a boat building company, which shows how resilient he is.

The legal framework and the consequences

The public prosecutor's office had demanded a prison sentence of one year and eight months, which should be suspended. But the defending lawyer Wolfgang Kratz filed an application for acquittal, which was ultimately accepted by the court. There was great disappointment when not only the acquittal but also the application for compensation was rejected. This raises questions about how the legal system works in such cases and what rights victims of assault have. Statistical data from the Federal Criminal Police Office show that bodily harm crimes have been high in Germany for years and solving them is often challenging. In the period from 2014 to 2024, there were numerous cases recorded by the police that clearly illustrate the problem.

This judgment is not yet final and there is the possibility of an appeal by the public prosecutor or the co-prosecution within a week. We can only hope that further legal action will lead to more clarity and that victims of physical assault will receive the justice they deserve.

For more information, read the article by svz.de, an in-depth analysis of self-defense in the case law of ht-strafrecht.de and the current statistics on the subject of bodily harm statista.com.