According to the Turkish Penal Code, self-defense is a method of defense that a person uses against others in order to protect himself, others, or his property. Self-defense is considered a reason for defense in terms of criminal law and may not constitute a crime under certain conditions. However, certain conditions must be met for this defense to be accepted. So, what situations fall under self-defense?
What is Self-defense?
Self-defense is a person’s response to an unjust attack in a proportionate and necessary manner in order to protect himself, others, or his property. In the Turkish Penal Code (TCK), self-defense covers “actions taken solely for defensive purposes against an unjust attack and that are proportionate to the attack.” This defense situation can often lead to the perpetrator being deemed not to have committed a crime and even not bearing any criminal liability.
Conditions Required for Self-Defense
For self-defense to be valid, the following conditions must exist together:
1. Existence of an Unjust Attack
Self-defense is only valid when faced with an unjust attack. This attack must be a behavior that threatens the person himself, another person or his property. The unjustness of the attack means that the attacker threatens the person’s safety without having a legal right to do so.
2. Purpose of Defense
Self-defense can only be made for the purpose of defense against attack. The perpetrator’s aim should not be to punish or take revenge for the attack, but only to ward off the attack. If the aim is to kill or injure the attacker, this situation is not considered defense.
3. Principle of Proportionality
Self-defense must be made in a manner proportional to the attack. This means that the defense must be directly proportional to the magnitude of the attack. For example, if a person slaps him/her only during an argument, responding with a lethal attack would be a disproportionate defense and would not be considered self-defense.
4. The Attack Is Coming
For self-defense, the attack must have just occurred. In other words, situations such as threats or verbal attacks cannot be considered self-defense from a legal perspective. The attack must have occurred and the person must have started to defend themselves. However, when a danger is felt before the attack has even begun, a defense due to “imminent danger” may also be valid.
Situations Covered by Self-Defense
Self-defense is not limited to physical attacks against a person. The following situations also fall within the scope of self-defense:
1. Physical Attack
The most common self-defense situation is the defense against physical violence. When a person is physically attacked, they can defend themselves and respond to the attacker.
2. Sexual Assault
Defense against sexual assaults is also included in self-defense. A person has the right to respond when they feel they have been sexually assaulted.
3. Protection of Property
Self-defense can also be used against attacks on a person’s property. For example, an intervention against a thief who has entered their home can be considered self-defense in order to protect the property.
4. Imminent Danger
In some cases, defense may be necessary before the attack occurs. When there is imminent danger, a person can use the right of defense to eliminate this threat. For example, if a person is threatened by someone else and takes an action to defend themselves immediately after the attack, this is also considered self-defense.
Abuse of the Right of Self-Defense
The right of self-defense should only be used for defensive purposes. If a person has responded to an attack with violence, without the purpose of defense, in this case, excessive force or abuse may be involved. For example, if a person uses a deadly weapon only in response to a verbal attack, this is not considered self-defense.
According to the Turkish Penal Code, self-defense is the right of the person who is attacked to defend himself and may not constitute a crime under certain circumstances. However, the use of this right must be proportionate to the attack and for defensive purposes. Otherwise, liability may arise in terms of criminal law due to excessive use of force and disproportion. When defending their rights, individuals must remain within the legal framework and adopt a defensive approach that does not violate the legal order in all cases.
