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Man kills girlfriend - and demands compensation

After the death of his partner, a man claimed compensation. In this unusual case, he had killed her himself. The Social Court Munich has now ruled on this.

The judges at the Social Court Munchen had to decide if the man was entitled to compensation
The judges at the Social Court Munchen had to decide if the man was entitled to compensation

Judgment in Munich - Man kills girlfriend - and demands compensation

## Man requests compensation for psychological consequences of killing his partner

A man who killed his girlfriend sought compensation for the psychological consequences of this act at the Munich Social Court. Previously, he had been sentenced by a criminal court for negligent manslaughter. He had locked her in a sauna after she, who suffered from a psychotic disorder, had hit him with a full bottle in a delusional state.

However, he held her in the sauna for so long that she suffered a respiratory arrest and died. Although he had initially acted in self-defense, the court ruled in the criminal proceedings that he had at least exceeded the limits of self-defense through the prolonged confinement in the sauna.

The man saw himself as a victim

However, the man saw himself as a victim. "The incident, detention, and criminal proceedings had left him severely traumatized," 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 unjust criminal court proceedings."

The Munich Social Court rejected the claim. Although it was undisputed that the plaintiff had become a victim of a serious physical attack with the bottle, this attack had ended when the attacker had lost consciousness in the sauna. Compensation was therefore only available to the plaintiff for the consequences of head injuries, "not, however, for the psychological consequences of his girlfriend's death by him."

Whoever kills a person in perceived self-defense cannot demand compensation for the psychological consequences of the act, according to the judgment (Case No. S 31 VG 26/23) of 2 February of this year, which was only recently made public and is not yet legally binding. The court communication was headed "No compensation for the perpetrator."

Despite his claims, Ms., the girl's family, argued that the man should not receive any compensation, as she believed that his actions led to Tod, her sister's death in Munich. However, the Social Court ruled that the man was not eligible for compensation for the psychological consequences of his girlfriend's death, as per the recent judgment in case S 31 VG 26/23.

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