Did the Aargau arms dealer Edmond K.* (60) act in self-defense or is he rightly accused? The Aarau lawyer André Kuhn explains that four points must be met for a conviction. “Firstly, there is the objective fact,” says Kuhn. “Because K. shot and injured a burglar, this should be fulfilled.”
Then the subjective facts would be: Did he act intentionally or negligently. “This should also be fulfilled in the present case. By shooting at burglars, K. accepted their injury.”
The third point is the ground of justification. Here, too, Kuhn says: “The accused could have called the police or withdrawn.”
The last point, the exclusion of guilt, should not be an issue. “The arms dealer would have to have a psychological problem so that he could not be punished but treated psychiatrically.”
It was a difficult decision for the court, “as it classifies the proportionality of K’s actions,” says Kuhn. The fact is: “Since not only the burglars, but also K. endangered life and limb, it depends on the judge’s personal impression.”
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