Rechtfertigungsgründe

Rechtfertigungsgründe, often translated as grounds for justification or justifications, are legal concepts within criminal law that, when present, negate the unlawfulness of an act that would otherwise constitute a crime. Essentially, they provide a legal basis for an individual to commit an act that is typically forbidden. If a Rechtfertigungsgrund is successfully established, the act is considered lawful, and consequently, there is no criminal liability for the perpetrator.

Commonly recognized Rechtfertigungsgründe include self-defense (Notwehr) and necessity (Notstand). Self-defense permits an individual to repel an unlawful attack against themselves or another person, using proportionate force. Necessity allows for the commission of a lesser harmful act to avert a greater, imminent danger. Another example is the consent of the victim (Einwilligung), where the victim legally agrees to the act, thereby removing its unlawfulness, provided certain conditions are met. The justification of official duties (Befehlsnotstand or Amtspflichtverletzung) can also serve as a Rechtfertigungsgrund in specific contexts. The burden of proof for establishing a Rechtfertigungsgrund typically lies with the defendant. The existence and scope of these grounds are determined by statutory law and judicial interpretation.