Social Court Munich - Man kills girlfriend - and demands compensation
A man who killed his girlfriend sought compensation for the psychological consequences of this crime at the Munich Social Court. Previously, a criminal court had convicted him for manslaughter. He had locked her in a sauna after she, who suffered from a psychotic disorder, hit him with a full bottle in a delusional state.
However, he held her in the sauna for so long that she suffered cardiac arrest and died. Initially, he had acted in self-defense, but the court ruled otherwise in the trial. He had exceeded the limits of self-defense at least by keeping her in the sauna.
The man considered himself a victim. "The incident, the investigation detention, and the trial had severely traumatized him," summarized the Munich Social Court the plaintiff's statements. He had not realized that his girlfriend was in mortal danger when he held her. "He missed his partner. Moreover, he had lost his job due to the unjustly imposed criminal court verdict."
The Munich Social Court dismissed the claim. While it was undisputed that the plaintiff had been a victim of a serious physical attack with the bottle, this attack had ended when the attacker lost consciousness in the sauna. Compensation was therefore only available for the consequences of head injuries, "not for the psychological consequences of his girlfriend's death at his own hands."
Anyone who kills a person in perceived self-defense cannot claim compensation for the psychological consequences of the crime, according to the court's conclusion in the judgment (Case reference S 31 VG 26/23) of February this year, which was only recently made public and not yet legally binding. The court notice was headed "No compensation for the perpetrator."
- Despite being convicted in a criminal court in Munich for manslaughter, the man believed he was a victim due to the traumatic experience of the investigation and trial, which took place in the same city.
- The Social Court in Bavaria, specifically in Munich, acknowledged the plaintiff's statements, stating that he had been severely traumatized by the incident, the investigation, detention, and the trial.
- The man had argued for compensation due to the psychological consequences of his girlfriend's death, but the Social Court in Munich, Germany, ruled that compensation was only applicable for the consequences of head injuries from the bottle attack, not her death.
- The court's verdict in Munich, which was made public recently, concluded that anyone who kills a person in perceived self-defense cannot claim compensation for the psychological consequences of the crime.
- The judgment from the Social Court in Munich, identified as S 31 VG 26/23, stated that there would be no compensation for the perpetrator in such cases, emphasizing that the ruling was not yet legally binding.
