Salandriagado wrote:Fear is not, in any way, irrational, if you have something to fear.
If the court does not rate you to have been udner the influence of an irrational affect, you do not get §33 to apply to you, and will be held fully responsible for your crime of self defense excess,
That's literally the entire reason why §33 exists: Understanding that irrational reactions can happen in an extreme situation, and allowing for them to be used as an excuse (though not as a justification). If you aren't under irrational affect, you are held responsible for any force you use in self defense beyond the minimum appropriate and available to you. §33 doesn't apply, and you'll likely be declared guilty of a violent crime, possibly sent to jail for it (and possibly for a long time, as excessive force tends to be... well, excessive: Grievous assault, manslaughter, etc.)
So, if you ever were to stand before a court in Germany in a lawsuit that involves §33 (my best wishes to you that it never happens), your lawyer, if he's any competent at all, will impress on you not to say what you just said. It's tantamount to pleading guilty of the crime you're charged with, and tossing away the chance for exoneration under §33.
If you acted rationally, you are both guilty of the crime and can be punished for it. If you acted irrationally, you are guilty, but can (possibly) not be punished.





