What is Self-Defense (Legitimate Defense)?
According to the Turkish Penal Code (TCK), self-defense, or legitimate defense, is the use of proportionate force by a person to prevent an unjust attack on themselves or someone else. TCK Article 25/1 regulates that acts committed within the scope of self-defense are considered lawful. In this case, the person will not be punished for the act they committed.
What are the Conditions for Self-Defense?
In order for an act to be considered within the scope of self-defense, the following conditions must be met:
There Must Be an Unjust Attack: The attack must be unlawful and must not have been provoked by the victim.
The Attack Must Be Ongoing or Pose an Imminent Danger: If the attack has occurred and is over, self-defense cannot be considered.
Proportionate Force Must Be Used: The force used to prevent the attack must be proportionate to the severity of the attack.
If these conditions are met, the person is deemed to have acted within the scope of self-defense and will not be punished.
Can a Prison Sentence be Given as a Result of Self-Defense?
If the Conditions for Self-Defense are Met: If the above conditions are met, the person will not be held responsible for the tort and will not be punished. In this case, he/she will not go to prison.
If Disproportionate Force Was Used: If the person used disproportionate force against the attack or continued to harm the other party despite the attack ending, he/she may be sentenced to prison.
Exceeding the Limits of Self-Defense: According to TCK Article 27/2, if the limit was exceeded due to fear, excitement or panic, the sentence may be reduced or no sentence may be given.
Sample Cases
A Situation Within the Scope of Self-Defense: If the person thwarts the attack in order to protect himself/herself against a thief who entered his/her house at night and the attacker is injured in the meantime, self-defense may be in question.
Situation Where the Limit is Exceeded: If excessive force is used against the attacker after the attacker is neutralized, it may be considered that the limit of self-defense has been exceeded and a prison sentence may be given.
The right to self-defense is an individual’s right to protect themselves and when used lawfully, the person is not punished. However, when the limits are exceeded or when the use of force continues despite the attack ending, a prison sentence may be on the agenda. Since each case must be evaluated on its own merits, it is important to consult a criminal defense attorney in such a case.
